Practice and Procedure

OWEN JOHN OYSTON v ROYAL BANK OF SCOTLAND PLC (2006)

PUBLISHED June 7, 2006
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A conditional fee agreement that provided for a 100 per cent success fee and payment of a bonus in the event that the client recovered damages in excess of a certain amount was in clear breach of the Courts and Legal Services Act 1990 s.58(4). A subsequent deed of variation was ineffective to rectify the situation and severance would not accord with either the statutory framework laid down for CFAs or with the correct approach to public policy.

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