What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Supreme Court Rules Success Fees Cannot Be Claimed In Inheritance Disputes

The Supreme Court has recently delivered its judgment in the case of Hirachand v Hirachand, settling an important question about legal costs in inheritance disputes.

The case considered whether a person bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 could include their success fee (a type of legal cost under a Conditional Fee Agreement, or “no win, no fee” arrangement) in the financial provision awarded by the court.

The Supreme Court unanimously decided this is not allowed. This means that if someone wins a claim for reasonable financial provision from an estate, they cannot ask for their success fee to be paid as part of their award. Instead, they must cover this cost separately.

This ruling aligns with existing laws that prevent success fees from being passed on to the losing party in civil cases. The court’s decision helps maintain fairness in legal costs, ensuring that compensation awards focus on financial need rather than legal expenses.

For individuals making a claim under the 1975 Act, this ruling clarifies that while they may recover some costs, they will still need to pay success fees from their own share. For those defending against such claims, it reduces the risk of having to cover additional legal expenses.

In summary, the Supreme Court’s decision in Hirachand v Hirachand reinforces that success fees cannot be included in awards under the 1975 Act, keeping legal costs separate from financial provision claims.