Like Lazarus – the resurrection of recovery of CFA uplifts in 1975 Act claims

This article considers the Court of Appeal judgment in Hirachand v Hirachand [2021] EWCA Civ 1498. The judgment gives important guidance on the recoverability of success fees payable under a conditional fee arrangement (CFA) as part of an award for reasonable financial provision for maintenance under s1(2)(b) of the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). The judgment approves the approach of the first-instance judge in allowing part of a success fee to be recovered by way of a maintenance award, despite success fees being irrecoverable by way of a costs order.