Sidhu v Sandhu & Anor

Sidhu v Sandhu & Anor

The CFA breached Regulation 3(1)(b) by failing to specify the percentage increase relating to postponement of payment of fees and expenses. This breach is material, as it affects client protection and the administration of justice. The CFA is therefore unenforceable.

Parties
Claimant: Kanwaljit Singh Sidhu; 1st Defendant: Kewal Singh Sandhu; 2nd Defendant: Kalvinder Singh Sandhu
Jurisdiction
England and Wales
Judgment Date
24 July 2008
Procedural Posture
Costs Appeal / Judgment After Remittal on Enforceability of Conditional Fee Agreement
Outcome
CFA dated 26 October 2005 declared unenforceable.
Legal Topics
Conditional Fee Agreements, Enforceability, Regulatory Compliance
Civil Procedure Costs Conditional Fee Agreements Enforceability Regulatory Compliance

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Parties

Kanwaljit Singh Sidhu

Claimant

Kewal Singh Sandhu

1st Defendant

Kalvinder Singh Sandhu

2nd Defendant

Procedural Posture

Costs Appeal / Judgment After Remittal on Enforceability of Conditional Fee Agreement

Legal Issues

  1. 1 Whether the Conditional Fee Agreement dated 26 October 2005 complies with Regulation 3(1)(b) of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether any breach of the Regulations is material and affects enforceability

Ratio Decidendi

The CFA breached Regulation 3(1)(b) by failing to specify the percentage increase relating to postponement of payment of fees and expenses. This breach is material, as it affects client protection and the administration of justice. The CFA is therefore unenforceable.

Court Disposition

CFA dated 26 October 2005 declared unenforceable.

Orders

  • Written submissions on costs invited from parties.
  • Schedules of costs to apportion between detailed assessment and appeal required.