Clarifying fee arrangements

Much has been written about the subject of conditional fee arrangements.

The views on their value to the public and lawyers will continue until a substantial number of cases have run their course and the results have been evaluated.

One important point needs clarifying in the article in the Lawyer 8 October by Grania Langdon-Down for those who are still grappling with the basics of CFAs.

The success fees "voluntary cap of 25 per cent of the damages for solicitors and 10 per cent for barristers is misleading.

The 25 per cent cap is an overall ceiling on the amount that can be paid in success fees to lawyers.

The barristers' 10 per cent must be included in the solicitors' 25 per cent – not in addition to – as implied by the writer.

I am sure the majority of solicitors are aware of this but I felt it worth mentioning.

Alan Smith

1 Crown Office Row