Tranter v Hansons (Wordsley) Ltd

Tranter v Hansons (Wordsley) Ltd

The Claimant's solicitors failed to take reasonable steps to ascertain whether the Defendant's insurance policy provided legal expenses cover for passengers, as required by Regulation 4(2)(c). This was a material breach, depriving the Claimant of the opportunity to consider alternative funding and protection, and thus the CFA is unenforceable for profit costs.

Parties
Claimant: Rita Tranter; Defendant: Hansons (Wordsley) Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2009
Procedural Posture
Detailed Assessment of Costs (civil/personal Injury) / Judgment on Enforceability of Conditional Fee Agreement and Recoverability of Costs
Outcome
Claimant unable to recover solicitors’ profit costs from Defendant due to material breach of Regulation 4(2)(c)
Legal Topics
Conditional Fee Agreements, Legal Expenses Insurance, Regulation 4(2)(c) Compliance, Recoverability of Costs
Civil Procedure Costs Law Personal Injury Conditional Fee Agreements Legal Expenses Insurance Regulation 4(2)(c) Compliance Recoverability of Costs

Case Brief

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Parties

Rita Tranter

Claimant

Hansons (Wordsley) Limited

Defendant

Procedural Posture

Detailed Assessment of Costs (civil/personal Injury) / Judgment on Enforceability of Conditional Fee Agreement and Recoverability of Costs

Legal Issues

  1. 1 Whether the Claimant's solicitors complied with Regulation 4(2)(c) of the Conditional Fee Agreement Regulations 2000
  2. 2 Whether the conditional fee agreement is enforceable and profit costs recoverable

Ratio Decidendi

The Claimant's solicitors failed to take reasonable steps to ascertain whether the Defendant's insurance policy provided legal expenses cover for passengers, as required by Regulation 4(2)(c). This was a material breach, depriving the Claimant of the opportunity to consider alternative funding and protection, and thus the CFA is unenforceable for profit costs.

Court Disposition

Claimant unable to recover solicitors’ profit costs from Defendant due to material breach of Regulation 4(2)(c)

Orders

  • Claimant's profit costs are not recoverable from the Defendant