Cases

Milne v David Price Solicitors & Advocates

Comment

Just because a case done on a CFA is not ‘won’ it does not follow that it is ‘lost’. The ruling is a salutary reminder that (a) a CFA is a form of joint venture between lawyer and client, and both parties are committed to seeing it through or else suffering certain consequences; (b) parties when performing a contract do not always use language which falls within any of the particular situations provided for in the contract but may nevertheless act in a way which has the same legal effect. Lawyers entering into CFAs would do well to consider whether or not it is better to insert provisions dealing expressly with the various permutations that may arise when a case is settled before trial.

Areas of work

Defamation
Media Law

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