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Discontinuance.

Discontinuance.

Postby Earl » Tue Oct 31, 2017 3:19 pm

I want to discontinue my case, my solicitor doesn't want me to. I have a CFA and a barristers opinion giving me a 60/40% chance of success. Since the day I signed up I have had nothing but hassel and incompetence from barristers, and now my own sol is being obstructive to my wishes.

That is the background - my reason for discon ane various but partly due to the fact that I cannot trust the professionals at the end of the day.

My question is this, I can discontinue without the agreement of the defence. This leads automatically to a costs hearing. However, during the period of time between discon and costs hearing can you negotiate a costs settlement without going to court, and if agreed then inform the court.
I ask this because I am sitting here waiting for the other side to agree to a discon with me paying a portion of their fees. Personally I can't see the difference except that at the moment costs are still being incurred as a disclosure hearing is imminent, and no discon has been filed.

I am at loggerheads with my solicitor mainly on the grounds that when he made my offer to the other side he told them that I was finding litigation stressful - which I found unbelievable, he might as well have said my client will pay anything you want.!!
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Re: Discontinuance.

Postby atticus » Tue Oct 31, 2017 3:31 pm

1. Read CPR Part 38

2. Make sure you fully understand your CFA. You may be liable to pay solicitors and counsel if you drop the case now against their advice. Don't forget that they have invested in your case: the CFA arrangement gives them an interest in it.
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Re: Discontinuance.

Postby atticus » Tue Oct 31, 2017 5:06 pm

This is from the last CFA I did with clients, signed last year (we won the case). Yours may be different.
13.1 If you terminate the Agreement
13.1.1 You can end the Agreement at any time. We then have the right to decide whether you must:
(a) pay our Base Costs and our Disbursements, including barristers' fees but not the Success Fee when we ask for them; or
(b) pay our Base Costs and our Disbursements, including barristers' fees and the Success Fees if you go on to Win your Claim.
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Re: Discontinuance.

Postby dls » Wed Nov 01, 2017 6:40 am

You have asked them to invest their own money in your case. When you make that request, you give them some control. If you want that control back, you usually have to buy it back. Be very careful that you do not end up paying the legal costs for both sides.
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