Pro bono or Conditional Fee Arrangement (CFA)?

[Mr Gray]

Express Newspapers agreed to settle after a court date was set. In order for a court date to be set an application had to be made and a fee paid.

Associated Press agreed to settle before a court date was set. Therefore no application needed to be submitted to the Queen's Bench, and no-one needed to attend the court.

It's all in 'madeleine' by Kate McCann. In regard to Express Newspapers;

Adam and his partners agreed to take on the case on a no-win, no-fee basis.......It took a couple of months of legal to-ing and froing, but the Express Group finally conceded that their stories were untrue.

we also issued a formal complaint against Associated Newspapers......After a rather protracted series of negotiations we came to an agreement involving financial compensation and a front-page apology in the Standard.

P
You have not provided a cite that libel action was submitted to court...imo an out of court settlement was made before court actions began

[G-Unit]

P
You have not provided a cite that libel action was submitted to court...imo an out of court settlement was made before court actions began

At no point did Carter-Ruck provide their services free;

Q210 Chairman: You reached a settlement with Associated Newspapers and with News International in the form of The News of the World, but you decided to go to court against The Daily Express.

Adam Tudor; 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://steelmagnolia-mccannarchives.blogspot.com/2011/08/httpwww.html

Unless someone knows better, courts and judges aren't booked like meeting rooms. The fact that a court date was set means that an application was submitted and a date set for the hearing. Had Express Newspapers not settled a trial would have begun on that date.

[Mr Gray]

At no point did Carter-Ruck provide their services free;

Q210 Chairman: You reached a settlement with Associated Newspapers and with News International in the form of The News of the World, but you decided to go to court against The Daily Express.

Adam Tudor; 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://steelmagnolia-mccannarchives.blogspot.com/2011/08/httpwww.html

Unless someone knows better, courts and judges aren't booked like meeting rooms. The fact that a court date was set means that an application was submitted and a date set for the hearing. Had Express Newspapers not settled a trial would have begun on that date.

The express settled out of court...you are suggesting they actually went to court and then settled....you have provided no cite to support your claim that the court hearing was to start the libel case..

The express solicitors would have seen all the claims and evidence from CR...they then decide to defend or not....if they decide to defend a date is set. Before that date the solicitors for the Express would spend hours ..days preparing their case...you are suggesting having done all this they walked into court and immediately capitulated...you are claiming all this as fact with no cite....far more likely that they settled out of court and the court was set simply to grant a court order re the out of court agreement

[Angelo222]

The express settled out of court...you are suggesting they actually went to court and then settled....you have provided no cite to support your claim that the court hearing was to start the libel case..

The express solicitors would have seen all the claims and evidence from CR...they then decide to defend or not....if they decide to defend a date is set. Before that date the solicitors for the Express would spend hours ..days preparing their case...you are suggesting having done all this they walked into court and immediately capitulated...you are claiming all this as fact with no cite....far more likely that they settled out of court and the court was set simply to grant a court order re the out of court agreement

The whole reason for going to court is to stop any backsliding in any out of court potential settlement.  Nobody is going to hand out £100,000's to anyone without the threat of proceedings being there in the background.  To think otherwise is delusional.

[Mr Gray]

The whole reason for going to court is to stop any backsliding in any out of court potential settlement.  Nobody is going to hand out £100,000's to anyone without the threat of proceedings being there in the background.  To think otherwise is delusional.

The threat of proceedings in the background... precisely.....I don't think otherwise...and you still have not provided a cite for your claim


Imo CR only needed to threaten proceedings...the Express had no defence and no choice but to settle out of court

[Alice Purjorick]

The threat of proceedings in the background... precisely.....I don't think otherwise...and you still have not provided a cite for your claim


Imo CR only needed to threaten proceedings...the Express had no defence and no choice but to settle out of court

On what basis would Carter Ruck be threatening proceedings?
Had the Express committed an actionable tort against CR?

[Mr Gray]

On what basis would Carter Ruck be threatening proceedings?
Had the Express committed an actionable tort against CR?

CR would be bringing proceedings on behalf of the mccanns

[G-Unit]

The express settled out of court...you are suggesting they actually went to court and then settled....you have provided no cite to support your claim that the court hearing was to start the libel case..

The express solicitors would have seen all the claims and evidence from CR...they then decide to defend or not....if they decide to defend a date is set. Before that date the solicitors for the Express would spend hours ..days preparing their case...you are suggesting having done all this they walked into court and immediately capitulated...you are claiming all this as fact with no cite....far more likely that they settled out of court and the court was set simply to grant a court order re the out of court agreement

This secondary argument isn't really important, though, is it? The interesting bit is what Adam Tudor said;

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.

It is quite clear that Carter-Ruck were being paid for their work whichever way you look at it. They were paid by retainer or by a CFA. At no point did they offer or provide any work free of charge.

In order to be described as 'pro bono' the solicitor's work has to be done without payment being made by anyone, client or defendant.

That's my last word on the subject unless someone can find a definition of 'pro bono' which differs from this;

professional work undertaken voluntarily and without payment.
https://en.wikipedia.org/wiki/Pro_bono

[Mr Gray]

This secondary argument isn't really important, though, is it? The interesting bit is what Adam Tudor said;

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.

It is quite clear that Carter-Ruck were being paid for their work whichever way you look at it. They were paid by retainer or by a CFA. At no point did they offer or provide any work free of charge.

In order to be described as 'pro bono' the solicitor's work has to be done without payment being made by anyone, client or defendant.

That's my last word on the subject unless someone can find a definition of 'pro bono' which differs from this;

professional work undertaken voluntarily and without payment.
https://en.wikipedia.org/wiki/Pro_bono

so you have given up with your claim that a writ has been issued and have not provided a cite...so best leave it there

[Vertigo Swirl]

This secondary argument isn't really important, though, is it? The interesting bit is what Adam Tudor said;

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.

It is quite clear that Carter-Ruck were being paid for their work whichever way you look at it. They were paid by retainer or by a CFA. At no point did they offer or provide any work free of charge.

In order to be described as 'pro bono' the solicitor's work has to be done without payment being made by anyone, client or defendant.

That's my last word on the subject unless someone can find a definition of 'pro bono' which differs from this;

professional work undertaken voluntarily and without payment.
https://en.wikipedia.org/wiki/Pro_bono

From your own cite which contradicts your statement above that pro bono work has to be done without payment being made by anyone:

“A judge may occasionally determine that the loser should compensate a winning pro bono counsel”.

[Alice Purjorick]

From your own cite which contradicts your statement above that pro bono work has to be done without payment being made by anyone:

“A judge may occasionally determine that the loser should compensate a winning pro bono counsel”.

Who was counsel?

[Alice Purjorick]

CR would be bringing proceedings on behalf of the mccanns

Why would they be doing that?

[G-Unit]

From your own cite which contradicts your statement above that pro bono work has to be done without payment being made by anyone:

“A judge may occasionally determine that the loser should compensate a winning pro bono counsel”.

Carter-Ruck didn't work pro bono.

[Angelo222]

The express settled out of court...you are suggesting they actually went to court and then settled....you have provided no cite to support your claim that the court hearing was to start the libel case..

The express solicitors would have seen all the claims and evidence from CR...they then decide to defend or not....if they decide to defend a date is set. Before that date the solicitors for the Express would spend hours ..days preparing their case...you are suggesting having done all this they walked into court and immediately capitulated...you are claiming all this as fact with no cite....far more likely that they settled out of court and the court was set simply to grant a court order re the out of court agreement

It is clear that you haven't a baldy clue about how civil actions work let know understand what a writ is. If I understand you correctly you think that the McCann lawyers sent some charming letters to the newspapers asking for a huge pile of dosh as reparation because they published some nasty stuff in the national press about their client. That said newspapers threw up their arms in despair and woe betide agreed to part with their disgracefully hard earned cash in exchange for not being dragged thru the courts.

Have I missed anything because that is the biggest pile of bs that I have read in eons.

[Angelo222]

Carter-Ruck didn't work pro bono.

Totally correct.  Pro bono means never to be paid and that was not the situation with CR.  I think you already pointed out to davel that the no win...no fee system is not pro bono.

CR would never have represented the parents in a libel action against the British Press had they not been assured of getting their fat fee.  Another company milking Maddie's demise.  How many £ millions have been pocketed by these caring corporations as a result of a missing child?