Utting v McBain [2007] EWHC 3293 (QB) (28 November 2007)

Utting v McBain [2007] EWHC 3293 (QB) (28 November 2007)

Failure to specify the proportion of the success fee attributable to deferred costs in the CFA constitutes a material breach of regulation 3(1)(b), rendering the agreement unenforceable and the solicitors' costs irrecoverable.

Citation
[2007] EWHC 3293
Parties
Appellant/claimant: David Utting; Respondent/defendant: Philip McBain
Jurisdiction
England and Wales
Judgment Date
28 November 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Solicitors' Costs, Regulatory Compliance
Civil Procedure Costs Conditional Fee Agreements Solicitors' Costs Regulatory Compliance

Case Brief

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Parties

David Utting

Appellant/claimant

Philip McBain

Respondent/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether failure to specify the proportion of success fee attributable to deferred costs in the CFA renders the agreement unenforceable under regulation 3(1)(b) of the Conditional Fee Agreement Regulations 2000
  2. 2 Whether such breach is material and causes prejudice to the client

Ratio Decidendi

Failure to specify the proportion of the success fee attributable to deferred costs in the CFA constitutes a material breach of regulation 3(1)(b), rendering the agreement unenforceable and the solicitors' costs irrecoverable.

Court Disposition

Appeal dismissed

Orders

  • Solicitors' costs claimed in parts 2, 3 and 4 of the bill of costs are disallowed
  • Defendant entitled to apply for costs of appearing