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Author Topic: Pro bono or Conditional Fee Arrangement (CFA)?  (Read 43747 times)

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Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #90 on: July 23, 2018, 06:35:44 PM »
Quote from: Angelo222 on July 23, 2018, 06:29:38 PM
Just because something ended up being unnecessary is hardly evidence it wasn't already in place.  Gerry admitted that he wouldn't have been able to take on the media without a Conditional Fee Arrangement being in place so no doubt it was put in place before Carter Ruck lodged their libel action.  As it turned out though it wasn't needed as the media rolled over and paid up, damages to the McCanns and fees to CR.

You are quoting your opinion..there is no proof the CFA had been put in place
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Offline Angelo222

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #91 on: July 23, 2018, 06:37:06 PM »
Quote from: Sunny on July 23, 2018, 07:02:36 AM
I am also adding that, Brietta by supporting Davel in his statement that Carter Ruck were providing their legal support "pro bono" they were carrying out all work for charitable reasons an not expecting any payment, from anyone, in return, which of course unless you or he can provide a cite will surely be incorrect.

I apologize for going on about this but IMO it is a very important point that requires clarification.

Can I suggest that CR might have provided the initial consultation on a pro bono basis but they most certainly wouldn't have wanted to enter into any court action without having some sort of CFA in place.
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De troothe has the annoying habit of coming to the surface just when you least expect it!!

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Offline Angelo222

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #92 on: July 23, 2018, 06:38:49 PM »
Quote from: Davel on July 23, 2018, 06:35:44 PM
You are quoting your opinion..there is no proof the CFA had been put in place

Off course it was in place, GM said so. CR would never have issued a writ against the papers without one.  They are lawyers, not a charity.
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De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #93 on: July 23, 2018, 06:39:14 PM »
Quote from: Angelo222 on July 23, 2018, 06:37:06 PM
Can I suggest that CR might have provided the initial consultation on a pro bono basis but they most certainly wouldn't have wanted to enter into any court action without having some sort of CFA in place.

Agreed....consultation on a pro bono basis
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Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #94 on: July 23, 2018, 06:40:31 PM »
Quote from: Angelo222 on July 23, 2018, 06:38:49 PM
Off course it was in place, GM said so. CR would never have issued a writ against the papers without one.

We've been through this already...you believe what you want and I will do the same...do you have proof a writ was issued
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Offline faithlilly

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #95 on: July 23, 2018, 06:42:04 PM »
Quote from: Angelo222 on July 23, 2018, 06:37:06 PM
Can I suggest that CR might have provided the initial consultation on a pro bono basis but they most certainly wouldn't have wanted to enter into any court action without having some sort of CFA in place.

CR were paid a retainer. They did no work for free.
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Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline John

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #96 on: July 23, 2018, 06:51:09 PM »
Quote from: Davel on July 23, 2018, 10:15:23 AM
In a broad sense pro bono means work carried out free of charge...and not necessarily legal work
We will not agree so I see no point in continuing the discussion

The term 'pro bono' or full version of 'pro bono publico' translates as 'for the public good'.

Pro bono legal representation usually relates to defendants who do not have the resources to properly defend themselves in a case of public interest.  It is not something a complainant could rightly seek when pursuing £100,000's in libel damages.
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A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #97 on: July 23, 2018, 06:56:08 PM »
Quote from: John on July 23, 2018, 06:51:09 PM
The term 'pro bono' or full version of 'pro bono publico' translates as 'for the public good'.

Pro bono legal representation usually relates to defendants who do not have the resources to properly defend themselves in a case of public interest.  It is not something a complainant could rightly seek when pursuing £100,000's in libel damages.

What I have said is the same as Angelo has just posted...the initial consultation was pro bono...imo..but the writ would have been via a CFA.....which as Gerry said was not needed....the express capitulated
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Offline John

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #98 on: July 23, 2018, 06:56:30 PM »
Quote from: Angelo222 on July 23, 2018, 06:37:06 PM
Can I suggest that CR might have provided the initial consultation on a pro bono basis but they most certainly wouldn't have wanted to enter into any court action without having some sort of CFA in place.

An initial consultation is free with every lawyer, pro bono has nothing to do with it.
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A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Angelo222

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #99 on: July 23, 2018, 06:58:55 PM »
Quote from: Davel on July 23, 2018, 06:40:31 PM
We've been through this already...you believe what you want and I will do the same...do you have proof a writ was issued

Oh my, you've gone all pedantic.  You cannot launch a legal action without serving a writ, thought you knew that?    %#&%4%
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De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #100 on: July 23, 2018, 07:02:36 PM »
Quote from: Angelo222 on July 23, 2018, 06:58:55 PM
Oh my, you've gone all pedantic.  You cannot launch a legal action without serving a writ, thought you knew that?    %#&%4%

You can threaten legal action without serving a writ...and the other side may capitulated...as happened here
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Offline John

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #101 on: July 23, 2018, 07:02:52 PM »
Quote from: Davel on July 23, 2018, 06:56:08 PM
What I have said is the same as Angelo has just posted...the initial consultation was pro bono...imo..but the writ would have been via a CFA.....which as Gerry said was not needed....the express capitulated

I think you have answered your own question. The writ would have been lodged and served on the basis of a CFA.
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A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #102 on: July 23, 2018, 07:04:27 PM »
Quote from: John on July 23, 2018, 06:56:30 PM
An initial consultation is free with every lawyer, pro bono has nothing to do with it.

Not every lawyer offers a free consultation....and in this case it seems CR did more than that....it seems they threatened legal action and the express capitulated
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Offline John

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #103 on: July 23, 2018, 07:04:55 PM »
Quote from: Davel on July 23, 2018, 07:02:36 PM
You can threaten legal action without serving a writ...and the other side may capitulated...as happened here

You're not serious Dave?   Threats mean nothing when it comes to libel action. 
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A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #104 on: July 23, 2018, 07:05:49 PM »
Quote from: John on July 23, 2018, 07:02:52 PM
I think you have answered your own question. The writ would have been lodged and served on the basis of a CFA.

That's what I have said for the last three days....I have never suggest ed this would be done pro bono
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