Spencer v Wood & Anor (t/a Gordons Tyres, A Firm) [2004] EWCA Civ 352 (15 March 2004)

Spencer v Wood & Anor (t/a Gordons Tyres, A Firm) [2004] EWCA Civ 352 (15 March 2004)

A material breach of regulation 3(1)(b) of the Conditional Fee Agreements Regulations 2000 renders the entire CFA unenforceable, and the court has no power to enforce it in part or to interpret the statute to allow partial enforceability.

Citation
[2004] EWCA Civ 352
Parties
Claimant/appellant: Benjamin Spencer; Defendant/respondent: Gordon Wood; Defendant/respondent: Margaret Wood t/a Gordons Tyres (A Firm)
Jurisdiction
England and Wales
Judgment Date
15 March 2004
Procedural Posture
Civil Appeal / Second Appeal From Leeds County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Enforceability of Cfas, Costs Assessment, Regulatory Compliance
Civil Procedure Costs Conditional Fee Agreements Enforceability of Cfas Costs Assessment Regulatory Compliance

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Parties

Benjamin Spencer

Claimant/appellant

Gordon Wood

Defendant/respondent

Margaret Wood t/a Gordons Tyres (A Firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From Leeds County Court to Court of Appeal

Legal Issues

  1. 1 Whether a conditional fee agreement (CFA) is unenforceable due to non-compliance with regulation 3(1)(b) of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether the extent of unenforceability should be proportionate to the breach or total

Ratio Decidendi

A material breach of regulation 3(1)(b) of the Conditional Fee Agreements Regulations 2000 renders the entire CFA unenforceable, and the court has no power to enforce it in part or to interpret the statute to allow partial enforceability.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the agreed sum of £7,500.