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PI Brief Update

Whither (Withering?) Success Fees - Alan Bacon, BTMK Solicitors LLP

19/01/15. Should we be deducting success fees from our client’s damages in successful personal injury and clinical negligence claims? After some initial hesitation my firm have decided not to do so and our Conditional Fee Agreements (CFAs) with our clients no longer include provision for payment of a success fee. If any CFA signed after the 1st April 2013 (see below) includes a success fee our entitlement to such fee will be waived and the fee will not be deducted from damages.

If we are really putting the injured party at the heart of everything we do surely this is the only right and ethical approach and in this paper I explain why we have come to what we regard to be this inescapable conclusion...

Image ©iStockphoto.com/DNY59

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.