Ms Susan Louise Cox v Woodlands Manor Care Home

Ms Susan Louise Cox v Woodlands Manor Care Home

The CFA was made during the solicitor's visit to the appellant's home, the Regulations applied, and since no cancellation notice was given, the CFA was unenforceable. Therefore, the indemnity principle precluded recovery of costs from the respondent.

Parties
Claimant/appellant: Susan Louise Cox; Defendant/respondent: Woodlands Manor Care Home
Jurisdiction
England and Wales
Judgment Date
27 January 2015
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Costs
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Indemnity Principle, Consumer Protection, Cancellation of Contracts
Civil Procedure Contract Law Costs Conditional Fee Agreements Indemnity Principle Consumer Protection Cancellation of Contracts

Case Brief

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Parties

Susan Louise Cox

Claimant/appellant

Woodlands Manor Care Home

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Costs

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' during a visit to the consumer's home within the meaning of the Regulations
  3. 3 Whether the indemnity principle precludes recovery of costs if the CFA is unenforceable

Ratio Decidendi

The CFA was made during the solicitor's visit to the appellant's home, the Regulations applied, and since no cancellation notice was given, the CFA was unenforceable. Therefore, the indemnity principle precluded recovery of costs from the respondent.

Court Disposition

Appeal dismissed

Orders

  • No costs recoverable under the CFA; the CFA is unenforceable against the appellant.