||All England Reporter
|| All ER (D) 84 (Mar)
||Supreme Court Costs Office
Senior Costs Judge Hurst
||Dominic Adamson (instructed by MP Jones & Co) for the claimant.
||Sydney Chawatama (instructed by Kennedys) for the defendant.
||19 January 2005
Costs - Order for costs - Conditional fee agreement - Enforceability - Requirement on legal adviser to advise as to possibility of claimant holding legal expenses insurance - Whether solicitor fulfilling requirement - Whether conditional fee agreement enforceable - Conditional Fee Agreements Regulations 2000, SI 2000/692, art 4(2)(c).
A conditional fee agreement between the claimant and his solicitor was unenforceable since the solicitor had not made any, or any sufficient, enquiries of the claimant as to the existence of any legal expenses insurance held by the claimant, in breach of art4(2)(c) of Conditional Fee Agreements Regulations 2000, SI2000-692, and that breach had had a materially adverse effect upon the protection afforded to the claimant.
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