Pro bono or Conditional Fee Arrangement (CFA)?

[G-Unit]

No one has suggested they worked for free...just no cost to the McCanns

Pro bono means the lawyers take the case with no expectation of payment from anyone.

[John]

There is evidence that Adam Tudor of carter ruck provided services free if charge and I have posted it

I think you'll find that it is all swings and roundabouts.

[John]

No one knows if awrit was issued in this case...yet you have claimed as afact it was and provided no cite...no one knows if ther was a CF in palce...but you have claimed as afact there was ad provided no cite..

I believe its quite possible that early work in the express case was carried out free of charge to teh mccanns because CR knew they had such a solid case..
we now know taht CR dod do pro bono work for the mccanns which you have continually denied

Legal action cannot be instigated without one, basic law I'm afraid.  You don't sue the national media for a ton of money without due process.

[Mr Gray]

Legal action cannot be instigated without one, basic law.

An out of court settlement does not require a writ.....
Lawyers may negotiate a settlement without a writ being isued..as part of the pre  action protocol....it all starts with a letter

[Mr Gray]

Pre action protocol may result in a pre action settlement...or a settlement before legal action starts

[John]

An out of court settlement does not require a writ.....
Lawyers may negotiate a settlement without a writ being isued..as part of the pre  action protocol....it all starts with a letter

No court can oversee an out of court settlement without proper procedure.  The McCann case against the media was overseen by the High Court thus proper procedure was invoked ergo a writ was issued.

[Mr Gray]

No court can oversee an out of court settlement without proper procedure.  The McCann case against the media was overseen by the High Court thus proper procedure was invoked ergo a writ was issued.

I don't see any evidence of a writ being issued...the case was so strong in the McCann's favour that the express had no defence and their lawyers would have advised them to settle
Settlement s can be made pre litigation

[Mr Gray]

https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_def

[John]

I don't see any evidence of a writ being issued...the case was so strong in the McCann's favour that the express had no defence and their lawyers would have advised them to settle
Settlement s can be made pre litigation

Nonsense, the court has to be involved to ensure compliance in cases involving hundred of thousands of pounds otherwise the defendants could agree any old thing but pay nothing.

[Mr Gray]

Nonsense, the court has to be involved to ensure compliance in cases involving hundred of thousands of pounds otherwise the defendants could agree any old thing but pay nothing.

The Courts take the view that litigation should be a last resort, and that claims should not be issued prematurely when a settlement is still actively being explored. Parties are warned that if the protocol is not followed (including this paragraph) then the Court must have regard to such conduct when determining costs

[Mr Gray]

Nonsense, the court has to be involved to ensure compliance in cases involving hundred of thousands of pounds otherwise the defendants could agree any old thing but pay nothing.

I've already posted a cite to show the court may be involved after a settlement has been reached to enforce the settlement in the form of s court order

[John]

Just am opinion ... but it stands to reason that there would have to be a legal method of ensuring that agreements are implemented to avoid having to return to court at a later date.

That's right and the first step is to lodge papers and serve a writ on the defendants.

[John]

I've already posted a cite to show the court may be involved after a settlement has been reached to enforce the settlement in the form of s court order

No court can involve itself without proper procedure and in every case that starts at the outset.

[Mr Gray]

No court can involve itself without proper procedure and in every case that starts at the outset.

It starts with pre action protocol...no court involved....a writ is only issued if the other side refuses to settle...which did not happen in this case

[Mr Gray]

That's right and the first step is to lodge papers and serve a writ on the defendants.

It isn't John...the first action is a letter of intent