FPH Law (a firm) v Brown (t/a Integrum Law)

FPH Law (a firm) v Brown (t/a Integrum Law)

A bona fide compromise of costs liability based on an arguably unenforceable CFA is enforceable, and the claimant has an arguable claim for damages for loss of a chance, regardless of the CFA's enforceability or legality.

Parties
Claimant / Respondent: FPH Law (a firm); Defendant / Appellant: Martyn Robert Brown (T/A Integrum Law)
Jurisdiction
England and Wales
Judgment Date
16 July 2018
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Determination of Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Breach of Undertaking, Loss of Chance, Compromise of Claims, Public Policy
Contract Law Civil Procedure Legal Profession Conditional Fee Agreements Breach of Undertaking Loss of Chance Compromise of Claims Public Policy

Case Brief

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Parties

FPH Law (a firm)

Claimant / Respondent

Martyn Robert Brown (T/A Integrum Law)

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Determination of Preliminary Issue

Legal Issues

  1. 1 Whether a claimant may recover damages for loss of a chance to receive costs under an unenforceable CFA
  2. 2 Whether a bona fide compromise of costs based on an unenforceable or illegal CFA is enforceable
  3. 3 Effect of breach of Conditional Fee Agreements Regulations 2000 on enforceability and legality of CFA

Ratio Decidendi

A bona fide compromise of costs liability based on an arguably unenforceable CFA is enforceable, and the claimant has an arguable claim for damages for loss of a chance, regardless of the CFA's enforceability or legality.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled to seek damages for loss of a chance; quantum to be determined at trial
  • Costs of preliminary issue to be claimant’s costs in the case