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Trusts and Estates

Are CFA success fees recoverable in 1975 Act claims?

Anyone familiar with the Jackson reforms would be forgiven for thinking the answer to the question in the title was simply “no”. On 23 May 2019, the High Court in Clarke v Allen [2019] EWHC 1193 (Ch) and 1194 (Ch) confirmed that “no” was indeed the correct answer. However, on 15 April 2020 the County Court in Bullock v Denton (unreported) decided that the answer was “yes” – or perhaps more accurately, “sometimes”. Even more recently, on 7 May 2020 the High Court in Re H [2020] EWHC 1134 (Fam) followed Bullock.

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