Conditional Fee Agreement (MIS SELL)
This Agreement is a binding legal contract between you and your Solicitors.
Before you sign please read everything carefully. This Agreement must be read in conjunction with the Law Society document ‘What you need to know about CFAs’.
We the Solicitors: Barings Solicitors of City View House, 5 Union Street, Manchester, M12 4JD
You the client:
What is covered by this Agreement?
• Your claim for compensation against the Carphone Warehouse for Mis selling Insurance;
• Any appeal against your opponent;
• Any appeal you make against an interim order;
• Any proceedings you take to enforce a judgment order or agreement; and
• Negotiations about and/or a Court assessment of the costs of this claim.
What is not covered by this Agreement:
• Any counterclaim against you; and
• Any appeal you make against the final judgment or order.
If you win your claim, you pay our basic charges, expenses, disbursements and a success fee. You are entitled to seek recovery from your opponent of
part or all of our basic charges and our expenses and disbursement but not the success fee. The overall amount we will charge you for our basic
charges, success fees, expenses and disbursements are limited as set out in Schedule 2.
It may be that your opponent makes a Part 36 offer or payment which you reject on our advice and, your claim for damages goes ahead to trial where you recover damages that are less than that offer or payment. In these circumstances, you may be ordered to pay your opponent’s costs, but only up to the amount of damages and interest awarded to you.
Expenses & Disbursements
If you receive interim damages, we may require you to pay our expenses and disbursements at that point and a reasonable amount for future expenses
and disbursements. If you receive provisional damages we are entitled to payment of our basic charges, our expenses and disbursements and success fee at that point. If you win overall but, on the way, lose an interim hearing, you may be required to pay your opponent’s charges and disbursements. If on the way to winning or losing you are awarded any costs, by agreement or court order, then we are entitled to payment of those costs, together with a success fee on those charges if you win overall.
What do I pay if I lose?
If you lose you do not pay our charges and your opponent will bear their own costs as the claim.
The Success Fee:
The Success Fee is set out in Schedule 1
Details of our basis charges are set out in Schedule 2
Ending this Agreement
If you have right to cancel this agreement under Schedule 3 and do so with 7 days time limit, you will
pay nothing. Otherwise if you end this agreement before you win or lose, you pay our basic charges and expenses and disbursements. If you go onto to
win, you also pay a success fee. We may end this agreement before you win or lose, with the consequences set out in the Law Society Conditions.
Definition of words used in this CFA are explained in the Law Society Conditions.
You have a right to cancel this agreement in the circumstances set out in Schedule 3. We add VAT, at the rate that applies wen the work is done, to the total of the basic charges and success fee.
The parties acknowledge and agree that this Agreement is not a Contentious Business Agreement within the terms of the Solicitors Act 1974.
The success fee is set at 35% of basic charges where the claim concludes before or at trial.
The success fee percentage reflects the following: -
• The fact that if you lose, we will not earn anything;
• Our assessment of the risk of your case;
• The fact that if you win we will not be paid our basic charges until the end of the claim;
• Our arrangement with you about paying expenses and disbursements; and
• Other appropriate matters.
The success fee cannot be more than 35% of the basis charges in total.
The maximum limit is exclusive of any VAT which is chargeable.
The maximum limit includes any success fee payable to a Barrister who has a CFA with us.
However, this maximum limit applies only to a success fee for proceedings at first instance and not to a success fee on other proceedings such as an
appeal against a final judgment or order.
We will provide you will a copy of any relevant judgment or of our calculation of any settlement showing how much of your damages should be attributed.
If you do not agree to our calculation and this makes a difference to amount of the Success Fee payable you, then we will put the matter for
determination by an independent Barrister of at least 10 years call, to be appointed by agreement between us or, in default of agreement, by the
President of the Law Society of England & Wales, such Barrister to act as expert and not as arbitrator and his decision shall be binding. The Barrister’s
costs for assessing this issue are to be paid by you if the Barrister agrees with us, but otherwise are to be paid by us.
Notice of the Right to Cancel
This only applies if you sign the Conditional Fee Agreement:
• At your home, workplace or at someone else’s home;
• At our offices but following a visit by us (or by someone acting on our behalf) to your home, workplace or someone else’s home; or
• At our offices but following a meeting between us away from our offices.
You have the right to cancel this contract if you wish and can do so by delivering, sending (including electronic mail) a cancellation notice to the person
mentioned below at any time within 14 days starting with the day of receipt of this Notice.
The person to whom a cancellation notice may be given is Mr Craig Cooper of Barings Solicitors
at City View House, 5 Union Street, Manchester, M12 4JD.
Notice of cancellation is deemed to be served as soon as it is posted or sent to us.