ABSTRACT
In Hirachand v Hirachand, the Supreme Court considered the payment of CFA success fees in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. The court decided that a CFA success fee is not a debt, the satisfaction of which may constitute a financial need for which the court may make provision in an award under the 1975 Act. Now that this issue has been clarified, this note takes the opportunity to explore the use of cost shifting and conditional fee agreements in 1975 Act cases and civil litigation generally. It draws upon the way in which costs are dealt with by the Family Court in financial remedy proceedings in considering whether there is still a place for cost shifting in 1975 Act cases or whether there is a more effective way to distribute legal costs between the parties.
€ (Westlaw)
Amy Sedgwick, ‘The cost of claims brought under the Inheritance (Provision for Family and Dependants) Act 1975: Hirachand v Hirachand [2024] UKSC 43′ (2025) 44(2) Civil Justice Quarterly 91-99.
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