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Client without mental capacity retains their CFA thanks to Court of Appeal

The Court of Appeal decision to uphold the validity of a Conditional Fee Agreement entered into with a brain injured client who regained her capacity before subsequently losing it again has been very much welcomed.

Here at PotterReesDolan we often deal with cases of the utmost severity and clients who have suffered brain injuries through either clinical negligence or personal injury.

It is therefore a welcome that such a “common sense” approach has been taken by the Court of Appeal as it ensures that those clients who have suffered debilitating injuries, such as a brain injury, and therefore may have fluctuating capacity will be at no less advantage than those with lesser injuries in terms of the potential for them to recover their legal fees at the conclusion of a successful case.