Source: All England Reporter
Publisher Citation: [2006] All ER (D) 84 (Mar)
Court: Supreme Court Costs Office
Judge:

Senior Costs Judge Hurst
Representation Dominic Adamson (instructed by MP Jones & Co) for the claimant.
  Sydney Chawatama (instructed by Kennedys) for the defendant.
Judgment Dates: 19 January 2005

Catchwords

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).

The Case

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.

Practice Areas

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