Ms Susan Louise Cox v Woodlands Manor Care Home [2015] EWCA Civ 415 (27 January 2015)

Ms Susan Louise Cox v Woodlands Manor Care Home [2015] EWCA Civ 415 (27 January 2015)

The CFA was made at the claimant's home on 9 December 2008, subject to a condition regarding DAS's response, but the parties were legally committed at that point. As no cancellation notice was given as required by the 2008 Regulations, the CFA was unenforceable and the indemnity principle precluded recovery of costs from the respondent.

Citation
[2015] EWCA Civ 415
Parties
Claimant/appellant: Ms Susan Louise Cox; Defendant/respondent: Woodlands Manor Care Home
Jurisdiction
England and Wales
Judgment Date
27 January 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Indemnity Principle, Consumer Protection Regulations, Costs Recovery
Civil Procedure Contract Law Costs Conditional Fee Agreements Indemnity Principle Consumer Protection Regulations Costs Recovery

Case Brief

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Parties

Ms Susan Louise Cox

Claimant/appellant

Woodlands Manor Care Home

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the conditional fee agreement (CFA) was enforceable under the Cancellation of Contracts Made in a Consumer's Home or Place of Work Etcetera Regulations 2008
  2. 2 Whether the CFA was 'made' at the claimant's home for the purposes of the Regulations
  3. 3 Whether the indemnity principle precludes recovery of costs if the CFA is unenforceable

Ratio Decidendi

The CFA was made at the claimant's home on 9 December 2008, subject to a condition regarding DAS's response, but the parties were legally committed at that point. As no cancellation notice was given as required by the 2008 Regulations, the CFA was unenforceable and the indemnity principle precluded recovery of costs from the respondent.

Court Disposition

Appeal dismissed

Orders

  • No costs recoverable by the claimant's solicitors under the CFA against the respondent