Author Topic: Pro bono or Conditional Fee Arrangement (CFA)?  (Read 43761 times)

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Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #135 on: July 23, 2018, 09:04:38 PM »
That's what I have said for the last three days....I have never suggest ed this would be done pro bono

Are you for real Davel? I could give you probably 5 or more cites of you saying this exact same thing

Here's one
CR did work free of charge to the McCann's...that fits the general definition of pro bono...free of charge....gratis
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From this moment onward, posts making significant claims which are not backed up by a cite will be removed.

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Offline Angelo222

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #136 on: July 23, 2018, 09:12:39 PM »
As I have already posted...it starts with s letter from CR to the newspaper...the paper forwards the letter to is solicitors and then the two solicitors thrash out a deal...no need for a writ

You really haven't a clue have you, what you are suggesting just doesn't happen in the real world. The McCann's lawyers Carter Ruck raised a civil action in the courts and that requires that a writ be lodged in order to initiate the action.

"The settlement was confirmed at a High Court hearing, although the amount of damages was not formally disclosed."

http://news.bbc.co.uk/1/hi/uk/7303801.stm

ETA  as already pointed out, settlement usually follows the issuing of a writ.
« Last Edit: July 23, 2018, 09:14:59 PM by Angelo222 »
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 #137 on: July 23, 2018, 09:13:01 PM »
Are you for real Davel? I could give you probably 5 or more cites of you saying this exact same thing

Here's one
CR did work free of charge to the McCann's...that fits the general definition of pro bono...free of charge....gratis

You've taken the post out of context.....I never suggested CR would provide a writ pro bono...just the initial work...

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #138 on: July 23, 2018, 09:15:30 PM »
You really haven't a clue have you, what you are suggesting just doesn't happen in the real world. The McCann's lawyers Carter Ruck raised a civil action in the courts and that requires that a writ be lodged in order to initiate the action.

"The settlement was confirmed at a High Court hearing, although the amount of damages was not formally disclosed."

http://news.bbc.co.uk/1/hi/uk/7303801.stm

Where's your cite for an action being raised in court....it was settled out of court....afaiac...you have no cite for any court action being instigated...it wasn't necessary...if it was then the CFA would have been necessary

Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #139 on: July 23, 2018, 09:15:56 PM »
OK Davel from a case between the McCanns and someone called Tony Bennett

"In relation to your queries about our clients' costs, we entered into as fee-paying retainer with our clients in relation to this Contempt of Court application.

http://www.gerrymccannsblogs.co.uk/Nigel/id401.htm

Note "fee paying retainer".
Members are reminded that cites must be provided in accordance with the forum rules. On several occasions recently cites have been requested but never provided. Asking for a cite is not goading but compliance.

From this moment onward, posts making significant claims which are not backed up by a cite will be removed.

Moderators and Editors take note!

Offline Angelo222

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #140 on: July 23, 2018, 09:16:56 PM »
You've taken the post out of context.....I never suggested CR would provide a writ pro bono...just the initial work...

And we all know CR were paid for all the work they did, pro bono never entered the equation so you are wrong on two counts now.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Miss Taken Identity

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #141 on: July 23, 2018, 09:19:18 PM »
Are you for real Davel? I could give you probably 5 or more cites of you saying this exact same thing

Here's one
CR did work free of charge to the McCann's...that fits the general definition of pro bono...free of charge....gratis


...and on  more than one thread!  There is a saying that you have got to put your money where your mouth is, The McCanns mouth was seeking money for trashy jurnos- CR  don't do 'charity work' for companies with funds at their disposal, oh the very idea  hahaha... and it was  a real long shot, so an agreement was reached and in place also a retainer would have been discussed.
'Never underestimate the power of stupid people'... George Carlin

Offline Angelo222

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #142 on: July 23, 2018, 09:19:22 PM »
Where's your cite for an action being raised in court....it was settled out of court....afaiac...you have no cite for any court action being instigated...it wasn't necessary...if it was then the CFA would have been necessary

The operative word is Court!!

If it had been settled privately as you wrongly suggested then the court wouldn't have been involved.
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 #143 on: July 23, 2018, 09:19:54 PM »
And we all know CR were paid for all the work they did, pro bono never entered the equation so you are wrong on two counts now.

You actually used the expression yourself in s post this evening...so you are contradicting yourself

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #144 on: July 23, 2018, 09:20:33 PM »
The operative word is Court

No..the operative phrase is....out of court

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #145 on: July 23, 2018, 09:22:25 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.

Pro bono basis

Offline Angelo222

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #146 on: July 23, 2018, 09:22:30 PM »
No..the operative phrase is....out of court

You do realise that an out of court settlement is governed by the court?

A judge still has to approve the terms of the settlement.
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 #147 on: July 23, 2018, 09:23:25 PM »
You do realise that an out of court settlement is governed by the court?

Yes but it can be made before court proceedings start... before a writ is issued

Offline Angelo222

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #148 on: July 23, 2018, 09:26:45 PM »
Yes but it can be made before court proceedings start... before a writ is issued

I give up, you are being intentionally optuse.  The McCann settlement was done in court and that required that a writ be issued. End off!!
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 #149 on: July 23, 2018, 09:44:52 PM »
I give up, you are being intentionally optuse.  The McCann settlement was done in court and that required that a writ be issued. End off!!
In fact an out of court settlement can be made without the approval of the judge...I have provided a cite but it has been removed... interestingly it seems out of court settlements cannot usually be appealed.....so the express won't be asking for their money back
« Last Edit: July 23, 2018, 09:50:48 PM by Davel »