Pro bono or Conditional Fee Arrangement (CFA)?

[faithlilly]

im sure you are wrong...CR worked pro bono for the mccanns...give me a reason why they would not claim their charges which they were entitled to from the newspapers who agreed to settle

http://webarchive.nationalarchives.gov.uk/20140122164630/http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Witness-Statement-of-Gerald-Patrick-McCann.pdf

81.
I should mention that Carter-Ruck made clear that they would be willing to act for us in our libel dispute on the basis of a Conditional Fee Agreement, albeit that in the end
this was not necessary as Express Newspapers and Associated Newspapers did not contest our complaints. However, had it not been for the availability of a CFA, it would have been very difficult - if not impossible - for Kate and I to have brought the complaint as we do not have the resources to take on large media organisations in this way.

[Mr Gray]

http://webarchive.nationalarchives.gov.uk/20140122164630/http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Witness-Statement-of-Gerald-Patrick-McCann.pdf

81.
I should mention that Carter-Ruck made clear that they would be willing to act for us in our libel dispute on the basis of a Conditional Fee Agreement, albeit that in the end
this was not necessary as Express Newspapers and Associated Newspapers did not contest our complaints. However, had it not been for the availability of a CFA, it would have been very difficult - if not impossible - for Kate and I to have brought the complaint as we do not have the resources to take on large media organisations in this way.

So if you read the above you will see CR did not act on a CFA.. It wasn't necessarry... So it must have been pro bono

[faithlilly]

So if you read the above you will see CR did not act on a CFA.. It wasn't necessarry... So it must have been pro bono

It wasn’t necessary because the Express settled and that sum would have included the legal fees incurred.

[Mr Gray]

Davel.

Thought I'd give you your cite (well sortof).

You were incorrect. It was a Conditional Fee Arrangment otherwise known as No Win No Fee. Not Pro Bono. It is on CR's own website.


https://www.carter-ruck.com/images/uploads/documents/McCann-Press_Release-03102014.PDF

And Gerry himself

I should mention that Carter-Ruck made clear that they would be willing to act for us in our libel dispute on the basis of a Conditional Fee Agreement, albeit that in the end

 this was not necessary as Express Newspapers and Associated Newspapers did not contest our complaints. However, had it not been for the availability of a CFA, it would have been very difficult - if not impossible - for Kate and I to have brought the complaint as we do not have the resources to take on large media organisations in this way.


Sort of a bogof deal. Two cites for the price of one.

So there was no CFA ...it wasnt necessary...CR acted pro bono to the Mccanns but no doubt they collected fees from the newspapers

[faithlilly]

It is usual when suing when a CFA is in place for the litigants to have some kind of insurance to cover the legal costs if they lose. If the Express had not settled and the McCanns had lost the case this was possibly what would have paid CR. If the McCanns had lost with no insurance in place they would been lible for the legal costs themselves.

CR had agreed that they would act for the McCanns by way of a CFA so no matter what they would have been paid by one side or the other. As it happened the Express settled and paid the McCann’s legal costs. At no time where CR working for nothing because the felt sorry for the McCanns, believed their story etc, etc. It was a business agreement.

I believe CR were put on a retainer after that.

[Mr Gray]

Davel. You stated that the work was pro-bono way back up this thread.
Please provide evidence the legal representatives took no payment by whatsoever means for the works carried out.

pro bo·no
/ˌprō ˈbônō/
adverb

1.
denoting work undertaken without charge, especially legal work for a client with a low income:
"the attorneys are representing him pro bono"


there was no CFA in place.....CR acted for the McCanns without charge....I think pro bono is a reasonable description

[faithlilly]

pro bo·no
/ˌprō ˈbônō/
adverb

1.
denoting work undertaken without charge, especially legal work for a client with a low income:
"the attorneys are representing him pro bono"


there was no CFA in place.....CR acted for the McCanns without charge....I think pro bono is a reasonable description

Were CR paid ?

[Erngath]

It is usual when suing when a CFA is in place for the litigants to have some kind of insurance to cover the legal costs if they lose. If the Express had not settled and the McCanns had lost the case this was possibly what would have paid CR. If the McCanns had lost with no insurance in place they would been lible for the legal costs themselves.

CR had agreed that they would act for the McCanns by way of a CFA so no matter what they would have been paid by one side or the other. As it happened the Express settled and paid the McCann’s legal costs. At no time where CR working for nothing because the felt sorry for the McCanns, believed their story etc, etc. It was a business agreement.

I believe CR were put on a retainer after that.

Does " I believe" mean I know or I think or I presume or I assume?

[faithlilly]

Does " I believe" mean I know or I think or I presume or I assume?

It means I know. It was

From the Select Committee

‘Mr Tudor: Yes. My partners and I talked about it. We have a committee of partners that looks at whether or not a case is on a no win, no fee basis, as you probably heard from my partner, Mark Thompson. We did that with Kate and Gerry's case. It was a longer, more difficult discussion than would ordinarily be the case because of the extraordinary nature, volume and so on. We sent the complaints to The Express and The Star, at which point we were acting on a normal retainer. We indicated to Kate and Gerry and we told The Express and The Star at that time that if the matter was not resolved we would indeed go on to a no win, no fee arrangement.’

http://www.gerrymccannsblogs.co.uk/Nigel/id217.htm

[Mr Gray]

Were CR paid ?

In the case in question they acted pro bono for the mccanns and recovered  their fees from the ST.... As there was no CFA in place.
What is also true is that they only accept cases on a no win no fee basis where they have a very really chance if success

[faithlilly]

In the case in question they acted pro bono for the mccanns and recovered  their fees from the ST.... As there was no CFA in place.
What is also true is that they only accept cases on a no win no fee basis where they have a very really chance if success

Didn’t you read my previous post ? CR were on a retainer so they were being paid by the McCanns or someone on behalf of the McCanns.


‘Mr Tudor: Yes. My partners and I talked about it. We have a committee of partners that looks at whether or not a case is on a no win, no fee basis, as you probably heard from my partner, Mark Thompson. We did that with Kate and Gerry's case. It was a longer, more difficult discussion than would ordinarily be the case because of the extraordinary nature, volume and so on. We sent the complaints to The Express and The Star, at which point we were acting on a normal retainer. We indicated to Kate and Gerry and we told The Express and The Star at that time that if the matter was not resolved we would indeed go on to a no win, no fee arrangement.’

As to the very real chance I absolutely agree. The case was a slam dunk as the headlines were so outrageous.

http://www.gerrymccannsblogs.co.uk/Nigel/id217.htm

[Alice Purjorick]

pro bo·no
/ˌprō ˈbônō/
adverb

1.
denoting work undertaken without charge, especially legal work for a client with a low income:
"the attorneys are representing him pro bono"


there was no CFA in place.....CR acted for the McCanns without charge....I think pro bono is a reasonable description

The Law Society does not concur with your assessment. Furthermore if you work out the contractual relationships your own argumnet becomes self defeating.

[faithlilly]

that was 8 years ago...do you have any evidence that the arrangement was continued

Let’s not stray off of the point Davel. You claimed that CR worked for the McCanns pro bono. I have proved that CR was paid by the Express when they settled out of court. Before that the McCanns via the fund, or the individuals picking up their lawyers tab, were paying CR a retainer. At no time did CR work pro bono and to claim they did shows your lack of understanding.

[Miss Taken Identity]

that was 8 years ago...do you have any evidence that the arrangement was continued

Do you have any evidence about pro bono  when it commenced to when it was concluded.?

[Sunny]

Surely Sadie that is what cites are for - to separate fact from fiction.   Davel has yet to provide the requested cite despite being asked several times.