Kashmiri v Ejaz & Anor [2007] EWHC 90074 (Costs) (12 June 2007)

The defendants' solicitors took reasonable steps to establish the BTE insurance position, given the defendants' commercial sophistication and the nature of the dispute. The requirements of Regulation 4(2)(c) were satisfied and the CFAs are enforceable.

Citation: [2007] EWHC 90074 (Costs)
Parties: Claimant: Mohammed Akram Kashmiri; Defendant: Humayun Ejaz; Defendant: Akbar Ejaz
Jurisdiction: England and Wales
Judgment Date: 12 June 2007
Procedural Posture: Costs Assessment / Preliminary Issue at Detailed Assessment
Outcome: Defendants' CFAs held compliant with Regulation 4(2)(c); preliminary issue decided in favour of the defendants.
Legal Topics: Conditional Fee Agreements, Compliance With Conditional Fee Agreements Regulations 2000, Before the Event (bte) Insurance, Detailed Assessment of Costs

Civil Procedure Costs Conditional Fee Agreements Compliance With Conditional Fee Agreements Regulations 2000 Before the Event (bte) Insurance Detailed Assessment of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2

Parties

Mohammed Akram Kashmiri

Claimant

Humayun Ejaz

Defendant

Akbar Ejaz

Defendant

Procedural Posture

Costs Assessment / Preliminary Issue at Detailed Assessment

Legal Issues

1 Whether the defendants' CFAs complied with Regulation 4(2)(c) of the Conditional Fee Agreements Regulations 2000 and are enforceable

Ratio Decidendi

Court Disposition

Defendants' CFAs held compliant with Regulation 4(2)(c); preliminary issue decided in favour of the defendants.

Orders

The CFAs are enforceable and the detailed assessment of costs may proceed.