Spencer v Wood & Anor (t/a Gordons Tyres, A Firm)

Spencer v Wood & Anor (t/a Gordons Tyres, A Firm)

A material breach of regulation 3(1)(b) of the CFA Regulations, which adversely affects client protection, renders the entire CFA unenforceable; the statute does not permit partial enforcement based on the extent of the breach.

Parties
Claimant/appellant: Benjamin Spencer; Defendant/respondent: Gordon Wood; Defendant/respondent: Margaret Wood t/a Gordons Tyres (A Firm)
Jurisdiction
England and Wales
Judgment Date
15 March 2004
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision on Enforceability of Conditional Fee Agreement
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Enforceability of Cfas, Costs Assessment
Civil Procedure Costs Conditional Fee Agreements Enforceability of Cfas Costs Assessment

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Parties

Benjamin Spencer

Claimant/appellant

Gordon Wood

Defendant/respondent

Margaret Wood t/a Gordons Tyres (A Firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision on Enforceability of Conditional Fee Agreement

Legal Issues

  1. 1 Whether a conditional fee agreement (CFA) is unenforceable due to breach of regulation 3(1)(b) of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether the breach had a materially adverse effect on the protection afforded to the client
  3. 3 Whether the court can partially enforce a CFA to the extent not affected by the breach

Ratio Decidendi

A material breach of regulation 3(1)(b) of the CFA Regulations, which adversely affects client protection, renders the entire CFA unenforceable; the statute does not permit partial enforcement based on the extent of the breach.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the agreed sum of £7,500