Hughes v George Major Skip Hire Ltd & Anor [2009] EWHC 90147 (Costs) (03 July 2009)

Hughes v George Major Skip Hire Ltd & Anor [2009] EWHC 90147 (Costs) (03 July 2009)

Although the CFA failed to specify with sufficient clarity the postponement element of the success fee, this breach was not material as both parties understood there would be no such charge and the claimant's protection was not adversely affected. The CFA is therefore enforceable.

Citation
[2009] EWHC 90147 (Costs)
Parties
Claimant: Leana Hughes; First Defendant: George Major Skip Hire Limited; Second Defendant: Philip Hughes
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Detailed Assessment of Costs / Judgment on Enforceability of Conditional Fee Agreement
Outcome
CFA enforceable; breach not material
Legal Topics
Conditional Fee Agreements, Success Fee, Regulatory Compliance, Material Breach, Interpretation of Contracts
Civil Procedure Costs Conditional Fee Agreements Success Fee Regulatory Compliance Material Breach Interpretation of Contracts

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Parties

Leana Hughes

Claimant

George Major Skip Hire Limited

First Defendant

Philip Hughes

Second Defendant

Procedural Posture

Detailed Assessment of Costs / Judgment on Enforceability of Conditional Fee Agreement

Legal Issues

  1. 1 Whether the conditional fee agreement (CFA) is unenforceable due to failure to comply with regulation 3(1)(b) of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether any breach of the regulations was material so as to render the CFA unenforceable

Ratio Decidendi

Although the CFA failed to specify with sufficient clarity the postponement element of the success fee, this breach was not material as both parties understood there would be no such charge and the claimant's protection was not adversely affected. The CFA is therefore enforceable.

Court Disposition

CFA enforceable; breach not material

Orders

  • Conditional fee agreement is not unenforceable by reason of the breach of regulation 3(1)(b)
  • Detailed assessment of costs to proceed