Overton v Horder [2008] EWHC 90109 (Costs) (28 July 2008)

Overton v Horder [2008] EWHC 90109 (Costs) (28 July 2008)

There was no evidence that BBK was obliged to recommend the AAH insurance policy or that failure to do so would affect their panel membership; therefore, there was no breach of Regulation 4(2)(e)(ii) and the CFA is enforceable.

Citation
[2008] EWHC 90109 (Costs)
Parties
Claimant: Laura Overton; Defendant: Brent Horder
Jurisdiction
England and Wales
Judgment Date
28 July 2008
Procedural Posture
Costs Assessment (preliminary Issue) / Judgment on Preliminary Issue Regarding Enforceability of CFA
Outcome
Claimant succeeds on the preliminary issue; CFA is enforceable.
Legal Topics
Conditional Fee Agreements, Regulation 4(2)(e)(ii) CFA Regulations 2000, ATE Insurance Disclosure, Panel Solicitor Schemes
Civil Procedure Costs Conditional Fee Agreements Regulation 4(2)(e)(ii) CFA Regulations 2000 ATE Insurance Disclosure Panel Solicitor Schemes

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Parties

Laura Overton

Claimant

Brent Horder

Defendant

Procedural Posture

Costs Assessment (preliminary Issue) / Judgment on Preliminary Issue Regarding Enforceability of CFA

Legal Issues

  1. 1 Whether the Claimant's CFA is unenforceable due to non-compliance with Regulation 4(2)(e)(ii) of the Conditional Fee Agreements Regulations 2000

Ratio Decidendi

There was no evidence that BBK was obliged to recommend the AAH insurance policy or that failure to do so would affect their panel membership; therefore, there was no breach of Regulation 4(2)(e)(ii) and the CFA is enforceable.

Court Disposition

Claimant succeeds on the preliminary issue; CFA is enforceable.