I have seen a few problems recently with the transitional provisions of QOCS. In essence if the claimant has entered into a conditional fee agreement at any time in the past then they cannot have the benefit of QOCS. A prudent solicitor taking on new clients must always check to ensure that there h...
Except if the intention of Parliament is to disapply QOCS where recoverability of an additional liability was in place, then a purposive construction would surely lead to the conclusion that where an arrangement had been entered into but the liability is not recoverable (because the arrangement has ended) than QOCS should apply.
That said, ‘has entered into’ more readily bears the meaning ‘has ever entered into’ than ‘has the benefit of’ and it would be a foolish solicitor who advised their client that they definitely had QOCS protection in such a scenario.
If you have entered a CFA with a client for a PI case, that is then the subject of an appeal, if the CFA does not cover an appeal can you enter into a new retainer and get the protection of QOCS?