Bailey v UK Coal Mining Ltd.

Bailey v UK Coal Mining Ltd.

The District Judge was entitled to find that the solicitors complied with Regulation 4(2)(d) by relying on the claimant's instructions that union funding was refused, given the claimant's prior experience, the refusal by other solicitors, and the fact that the claimant was no longer a union member. There was no obligation to make further enquiries in these circumstances.

Parties
Claimant/respondent: Christopher Bailey; Defendant/appellant: UK Coal Mining Limited
Jurisdiction
England and Wales
Judgment Date
28 May 2009
Procedural Posture
Civil Appeal (costs) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Regulation 4(2)(d) Compliance, Trade Union Funding, Solicitor's Duties
Civil Procedure Costs Conditional Fee Agreements Regulation 4(2)(d) Compliance Trade Union Funding Solicitor's Duties

Case Brief

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Parties

Christopher Bailey

Claimant/respondent

UK Coal Mining Limited

Defendant/appellant

Procedural Posture

Civil Appeal (costs) / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's solicitors breached Regulation 4(2)(d) of the Conditional Fee Agreements Regulations 2000 by failing to make further enquiries regarding trade union funding for the claim

Ratio Decidendi

The District Judge was entitled to find that the solicitors complied with Regulation 4(2)(d) by relying on the claimant's instructions that union funding was refused, given the claimant's prior experience, the refusal by other solicitors, and the fact that the claimant was no longer a union member. There was no obligation to make further enquiries in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no breach of Regulation 4(2)(d) found.