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Costs – Order for costs. The cost appeals raised the question of whether, where a party lost mental capacity in the course of proceedings, such loss of capacity had the automatic and immediate effect of terminating their solicitor's retainer, particularly where solicitors were conducting personal injury claims pursuant to conditional fee agreements entered into before 1 April 2013, in respect of which success fees continued to be recoverable from defendants. The Queen's Bench Division held that to automatically terminate a solicitor's retainer in such circumstances would be contrary principle.
Costs – Order for costs. The cost appeals raised the question of whether, where a party lost mental capacity in the course of proceedings, such loss of capacity had the automatic and immediate effect of terminating their solicitor's retainer, particularly where solicitors were conducting personal injury claims pursuant to conditional fee agreements entered into before 1 April 2013, in respect of which success fees continued to be recoverable from defendants. The Queen's Bench Division held that to automatically terminate a solicitor's retainer in such circumstances would be contrary principle.
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