Elstone v Knowles

Elstone v Knowles

Powell Forster's relationship with Accident Line Protect did not constitute a discloseable interest under Regulation 4(2)(e)(ii); the arrangement was primarily for insurance provision, not for referrals or financial dependency, and thus no breach occurred.

Parties
Claimant: William Elstone; Defendant: Brett Knowles
Jurisdiction
England and Wales
Judgment Date
21 November 2007
Procedural Posture
Detailed Assessment of Costs / Judgment After Detailed Assessment Hearing
Outcome
Claimant's solicitors found not in breach of Regulation 4(2)(e)(ii); entitled to costs.
Legal Topics
Conditional Fee Agreements, After the Event Insurance, Disclosure Obligations, Detailed Assessment
Civil Procedure Costs Conditional Fee Agreements After the Event Insurance Disclosure Obligations Detailed Assessment

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Parties

William Elstone

Claimant

Brett Knowles

Defendant

Procedural Posture

Detailed Assessment of Costs / Judgment After Detailed Assessment Hearing

Legal Issues

  1. 1 Whether claimant's solicitors had a discloseable interest in recommending Accident Line Protect ATE insurance under Regulation 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000
  2. 2 Whether any failure to disclose such interest rendered the CFA unenforceable

Ratio Decidendi

Powell Forster's relationship with Accident Line Protect did not constitute a discloseable interest under Regulation 4(2)(e)(ii); the arrangement was primarily for insurance provision, not for referrals or financial dependency, and thus no breach occurred.

Court Disposition

Claimant's solicitors found not in breach of Regulation 4(2)(e)(ii); entitled to costs.

Orders

  • Claimant's solicitors awarded agreed costs of £15,000.