Litigation funding
Hirachand v Hirachand: success fees in inheritance claims
Funding terms matter even where a financial-provision claim succeeds.
The issue and decision
A daughter’s financial-provision award included a contribution towards the success fee she owed her solicitors under a conditional fee agreement. The Supreme Court unanimously allowed the appeal against that element. A 1975 Act award cannot directly or indirectly include an allowance for the success fee.
Why it matters
The Supreme Court reversed the Court of Appeal on this point. Older accounts relying on [2021] EWCA Civ 1498 must be read in light of the 2024 decision. This does not mean conditional funding is prohibited or that ordinary costs are never recoverable.
Questions before agreeing funding
Ask how the success fee is calculated, when it becomes payable, what would be deducted from an award or settlement and what other costs remain your responsibility. Compare the likely net recovery, not just the headline amount.
This is a short explanation of the decision, not a substitute for the judgment. The official case page links to the full judgment. Application to a different case depends on its facts and the applicable law.
England and Wales. Sources checked 15 September 2026. General information, not advice on your circumstances. Fees, forms and the law can change; check the linked official source before acting. Other jurisdictions have different rules.