Hibberd v Fawcett Old Ltd & Anor [2008] EWHC 90102 (Costs) (17 March 2008)

Hibberd v Fawcett Old Ltd & Anor [2008] EWHC 90102 (Costs) (17 March 2008)

Leigh Day & Co did not have an interest within the meaning of the Regulations in recommending the ALP policy, as any benefits from scheme membership were peripheral and not of a nature that created a material or declarable interest; therefore, there was no breach of the Regulations and the Conditional Fee Agreement is enforceable.

Citation
[2008] EWHC 90102 (Costs)
Parties
Claimant: Yvonne Hibberd; First Defendant: Fawcett Old Limited (formerly known as Bare Necessity Limited); Second Defendant: Michael Jane Hair & Beauty
Jurisdiction
England and Wales
Judgment Date
17 March 2008
Procedural Posture
Detailed Assessment of Costs / Post Settlement, Costs Assessment
Outcome
Conditional Fee Agreement held enforceable; claimant's costs recoverable.
Legal Topics
Conditional Fee Agreements, After the Event Insurance, Solicitor's Interests Disclosure, Enforceability of Costs Agreements
Civil Procedure Costs Conditional Fee Agreements After the Event Insurance Solicitor's Interests Disclosure Enforceability of Costs Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Yvonne Hibberd

Claimant

Fawcett Old Limited (formerly known as Bare Necessity Limited)

First Defendant

Michael Jane Hair & Beauty

Second Defendant

Procedural Posture

Detailed Assessment of Costs / Post Settlement, Costs Assessment

Legal Issues

  1. 1 Did Leigh Day & Co have an interest in recommending the Accident Line Protect (ALP) policy to the Claimant?
  2. 2 If so, was that interest declared to the Claimant?
  3. 3 If there was an interest and it was not declared, did this amount to a material breach of Regulation 4(2)(e)(i) and (ii) of the Conditional Fee Agreements Regulations 2000?

Ratio Decidendi

Leigh Day & Co did not have an interest within the meaning of the Regulations in recommending the ALP policy, as any benefits from scheme membership were peripheral and not of a nature that created a material or declarable interest; therefore, there was no breach of the Regulations and the Conditional Fee Agreement is enforceable.

Court Disposition

Conditional Fee Agreement held enforceable; claimant's costs recoverable.

Orders

  • Claimant's costs to be assessed and paid by the Second Defendant as previously ordered.