Andrews v Harrison Taylor Scaffolding & Ors [2007] EWHC 90071 (Costs) (09 February 2007)

Andrews v Harrison Taylor Scaffolding & Ors [2007] EWHC 90071 (Costs) (09 February 2007)

Bollin Legal Associates Limited (BLA) had a declarable interest in recommending the NIG ATE insurance policy due to their dependence on Ainsworth for referrals (95% of work), the requirements of the Operations Manual, and the profitable joint venture, regardless of whether they received direct commission. Failure to declare this interest constituted a breach of Regulation 4(2)(e)(ii), rendering the CFA unenforceable and precluding recovery of costs save for disbursements already paid.

Citation
[2007] EWHC 90071 (Costs)
Parties
Claimant: Martin Andrews; First Defendant: Harrison Taylor Scaffolding; Second Defendant: Stockbridge Training and Enterprise Partnership; Third Defendant: Strata Construction Limited (formerly known as Weaver Construction Limited)
Jurisdiction
England and Wales
Judgment Date
09 February 2007
Procedural Posture
Costs Assessment / Preliminary Issue Determination on Enforceability of CFA
Outcome
CFA unenforceable; no costs recoverable save for disbursements already paid.
Legal Topics
Conditional Fee Agreements, After the Event Insurance, Solicitor's Interests Disclosure, Regulation 4(2)(e)(ii) CFA Regulations 2000, Panel Solicitor Arrangements
Civil Procedure Costs Conditional Fee Agreements After the Event Insurance Solicitor's Interests Disclosure Regulation 4(2)(e)(ii) CFA Regulations 2000 Panel Solicitor Arrangements

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Parties

Martin Andrews

Claimant

Harrison Taylor Scaffolding

First Defendant

Stockbridge Training and Enterprise Partnership

Second Defendant

Strata Construction Limited (formerly known as Weaver Construction Limited)

Third Defendant

Procedural Posture

Costs Assessment / Preliminary Issue Determination on Enforceability of CFA

Legal Issues

  1. 1 Whether the claimant's solicitors had a declarable interest in recommending the NIG ATE insurance policy under Regulation 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000
  2. 2 Whether failure to declare such interest renders the CFA unenforceable and precludes recovery of costs

Ratio Decidendi

Bollin Legal Associates Limited (BLA) had a declarable interest in recommending the NIG ATE insurance policy due to their dependence on Ainsworth for referrals (95% of work), the requirements of the Operations Manual, and the profitable joint venture, regardless of whether they received direct commission. Failure to declare this interest constituted a breach of Regulation 4(2)(e)(ii), rendering the CFA unenforceable and precluding recovery of costs save for disbursements already paid.

Court Disposition

CFA unenforceable; no costs recoverable save for disbursements already paid.

Orders

  • Claimant's solicitors found to have a declarable interest in recommending the NIG policy.
  • Breach of Regulation 4(2)(e)(ii) established.