Hirachand v Hirachand - Using CFAs in Contentious Probate Proceedings

Introduction

In claims under the Inheritance (Provision for Family and Dependants) Act 1975, conditional fee agreements (‘CFA’) are commonplace and can often be the only way in which potential claimants can pursue provision from a deceased’s estate.

Since the introduction of the Courts and Legal Services Act, it was widely believed that a success fee due pursuant to a CFA was not recoverable from the unsuccessful defendant.

However, in the recent decision of Hirachand v Hirachand, the Court of Appeal have confirmed that, in principle, a successful claimant can seek to recover all or party of any success fee as part of an award for reasonable financial provision.

This short new webinar will explore the Court of Appeal’s decision and will look at the practical and tactical impact of the decision going forward from the perspective of both Claimants and Defendants.

Claims under the 1975 Act are becoming increasingly prevalent and it is likely that we can expect to see a substantial increase in the use of CFAs following the Court of Appeal’s decision.

What You Will Learn

This webinar will cover the following:

• First instance and Court of Appeal decision in Hirachand v Hirachand
• Statutory framework surrounding the recovery of success fees
• Unanswered questions following the Court of Appeal’s decision including how an award including a success fee will be calculated and the circumstances in which a success fee may not be recoverable
• Tactical and practical considerations from the perspective of both Claimants and Defendants including ADR and offers to settle

This webinar was recorded on 15th December 2021