Silvera v Bray Walker Solicitors (A Firm) & Ors [2010] EWCA Civ 332 (29 March 2010)

Silvera v Bray Walker Solicitors (A Firm) & Ors [2010] EWCA Civ 332 (29 March 2010)

The CFAs contained sufficient brief specification of reasons for the success fee percentage to comply with regulation 3(1)(a), and even if there was a literal breach, it was immaterial and did not render the agreements unenforceable.

Citation
[2010] EWCA Civ 332
Parties
Appellant: Carlo Moise Silvera; First Respondent: Bray Walker Solicitors (A Firm); Second Respondent: Bevans Bray Walker Limited (trading as "Bevans")
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Enforceability of Cfas, Regulation 3(1)(a) Compliance, Materiality of Regulatory Breach
Civil Procedure Legal Costs Conditional Fee Agreements Enforceability of Cfas Regulation 3(1)(a) Compliance Materiality of Regulatory Breach

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Parties

Carlo Moise Silvera

Appellant

Bray Walker Solicitors (A Firm)

First Respondent

Bevans Bray Walker Limited (trading as "Bevans")

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the conditional fee agreements (CFAs) are unenforceable for failing to briefly specify reasons for the success fee percentage as required by regulation 3(1)(a) of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether any breach of regulation 3(1)(a) is material so as to render the CFAs unenforceable

Ratio Decidendi

The CFAs contained sufficient brief specification of reasons for the success fee percentage to comply with regulation 3(1)(a), and even if there was a literal breach, it was immaterial and did not render the agreements unenforceable.

Court Disposition

Appeal dismissed

Orders

  • CFAs held enforceable
  • Judgment for claimants in the sum of £351,000 plus interest and costs