High Court overturns decision that ‘death clause’ in CFA unenforceable.

Mr Justice Saini this morning handed down judgment overturning a decision by a Costs Judge that the use of a clause in a CFA (based on the Law Society standard) which made the estate liable for basic charges up to the time of the Claimant’s death was unenforceable.

Saini J went further and also held that such a clause was also not unfair for the purposes of the Consumer Rights Act 2015 and that the solicitor was therefore entitled to have his basic charges assessed and paid even though the claim, which had been continued by the Personal Representatives through other solicitors, had not yet concluded.

The case is an important decision both as to the construction of such terms and as to the correct approach to assessing whether such terms are unusual, onerous or unfair.

Roger Mallalieu acted on the appeal for the successful appellant solicitor.