Woolley v Haden Building Services Ltd

Woolley v Haden Building Services Ltd

There was no breach of Regulation 4(2)(c) because the solicitor made sufficient and proportionate enquiries regarding alternative funding, given the nature and complexity of the claim. The guidance in Sarwar v Alam is restricted to small claims and does not extend to cases of this magnitude. Even if there had been a breach, it would not have had a materially adverse effect on the protection afforded to the Claimant or the proper administration of justice.

Parties
Claimant: Barbara June Woolley (Widow and Personal Representative of the Estate of David John Woolley, Deceased); Defendant: Haden Building Services Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2008
Procedural Posture
Costs Assessment / Preliminary Issue Determination
Outcome
Defendant's challenge dismissed; detailed assessment to proceed.
Legal Topics
Conditional Fee Agreements, Compliance With CFA Regulations, Legal Expenses Insurance, Detailed Assessment of Costs
Civil Procedure Costs Law Conditional Fee Agreements Compliance With CFA Regulations Legal Expenses Insurance Detailed Assessment of Costs

Case Brief

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Parties

Barbara June Woolley (Widow and Personal Representative of the Estate of David John Woolley, Deceased)

Claimant

Haden Building Services Limited

Defendant

Procedural Posture

Costs Assessment / Preliminary Issue Determination

Legal Issues

  1. 1 Whether Regulation 4(2)(c) of the 2000 Regulations was complied with in the making of the Conditional Fee Agreement (CFA) between the Claimant and her solicitors
  2. 2 Whether any breach of Regulation 4(2)(c) would invalidate the CFA and preclude recovery of costs

Ratio Decidendi

There was no breach of Regulation 4(2)(c) because the solicitor made sufficient and proportionate enquiries regarding alternative funding, given the nature and complexity of the claim. The guidance in Sarwar v Alam is restricted to small claims and does not extend to cases of this magnitude. Even if there had been a breach, it would not have had a materially adverse effect on the protection afforded to the Claimant or the proper administration of justice.

Court Disposition

Defendant's challenge dismissed; detailed assessment to proceed.

Orders

  • Detailed assessment of the Claimant's costs to proceed.
  • Costs and consequential issues to be addressed at the formal hand-down of the judgment.