Kashmiri v Ejaz & Anor

Kashmiri v Ejaz & Anor

The court found that the 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 were enforceable.

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
CFAs held enforceable; Regulation 4(2)(c) complied with.
Legal Topics
Conditional Fee Agreements, Regulation 4(2)(c) Compliance, Before the Event Insurance (bte), Detailed Assessment of Costs
Civil Procedure Costs Conditional Fee Agreements Regulation 4(2)(c) Compliance Before the Event Insurance (bte) Detailed Assessment of Costs

Case Brief

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Parties

Mohammed Akram Kashmiri

Claimant

Humayun Ejaz

Defendant

Akbar Ejaz

Defendant

Procedural Posture

Costs Assessment / Preliminary Issue at Detailed Assessment

Legal Issues

  1. 1 Whether the Conditional Fee Agreements (CFAs) entered into by the defendants complied with Regulation 4(2)(c) of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether the solicitors took reasonable steps to establish the availability of Before the Event (BTE) insurance

Ratio Decidendi

The court found that the 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 were enforceable.

Court Disposition

CFAs held enforceable; Regulation 4(2)(c) complied with.

Orders

  • Detailed assessment of costs to proceed.