Andrews v Harrison Taylor Scaffolding & Ors

Andrews v Harrison Taylor Scaffolding & Ors

Bollin Legal Associates Ltd had a declarable interest in recommending the NIG policy due to their dependence on referrals from Ainsworth and obligations under the Operations Manual. Failure to declare this interest breached Regulation 4(2)(e)(ii), rendering the CFA unenforceable and preventing recovery of costs except disbursements already paid.

Parties
Claimant: Martin Andrews; First Defendant: Harrison Taylor Scaffolding; Second Defendant: Stockbridge Training and Enterprise Partnership; Third Defendant: Strata Construction Limited (formerly Weaver Construction Limited)
Jurisdiction
England and Wales
Judgment Date
09 February 2007
Procedural Posture
Costs Assessment / Judgment on Preliminary Issue
Outcome
CFA unenforceable; no costs recoverable except disbursements already paid.
Legal Topics
Conditional Fee Agreements, After the Event Insurance, Solicitor's Interests Disclosure, Costs Recovery
Civil Procedure Professional Regulation Conditional Fee Agreements After the Event Insurance Solicitor's Interests Disclosure Costs Recovery

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Parties

Martin Andrews

Claimant

Harrison Taylor Scaffolding

First Defendant

Stockbridge Training and Enterprise Partnership

Second Defendant

Strata Construction Limited (formerly Weaver Construction Limited)

Third Defendant

Procedural Posture

Costs Assessment / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the solicitors had a declarable interest in recommending the NIG insurance policy under Regulation 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000
  2. 2 Whether failure to declare such interest renders the CFA unenforceable and prevents recovery of costs

Ratio Decidendi

Bollin Legal Associates Ltd had a declarable interest in recommending the NIG policy due to their dependence on referrals from Ainsworth and obligations under the Operations Manual. Failure to declare this interest breached Regulation 4(2)(e)(ii), rendering the CFA unenforceable and preventing recovery of costs except disbursements already paid.

Court Disposition

CFA unenforceable; no costs recoverable except disbursements already paid.

Orders

  • No costs are recoverable under the CFA save any disbursements already paid.