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.