Variation of collective CFA

Kitchen v Burwell Reed & Kinghorn Ltd [2005] EWHC 1771 (QB); LTL 24 August

It could be legitimately inferred from the conduct of the client that he had agreed to a proposed variation by a firm of solicitors of an initial retainer, in relation to an action brought by the client against his former employers, in order to reflect a collective conditional fee agreement entered into between the client’s union and the firm. Further, under the agreement, the firm at first instance was required to recover charges directly from the union rather than the client, but the agreement did not exclude altogether the liability of the client.