Sharratt v London Central Bus Co [2002] EWHC 9006 (Costs) (27 November 2002)

Sharratt v London Central Bus Co [2002] EWHC 9006 (Costs) (27 November 2002)

The term 'legal representative' in the CFA Regulations 2000 is not limited to an individual but includes a firm or recognised body. There is no express or implied statutory prohibition on delegation of the Regulation 4 information. Therefore, a firm of solicitors may delegate the giving of Regulation 4 information to a TAG representative acting as its agent, provided the agent is duly authorised. The requirements of the CFA Regulations are satisfied if the information is given by such an agent on behalf of the firm.

Citation
[2002] EWHC 9006 (Costs)
Parties
Claimant: The Accident Group Ltd (TAG) and Claimants in Test Cases; Defendant: Liability Insurers (First Defendants: represented by Mr Burnett and Mr Williams; Second Defendants: represented by Ms Taylor)
Jurisdiction
England and Wales
Judgment Date
27 November 2002
Procedural Posture
Costs Only Proceedings (test Cases) / Preliminary Issue Determination Before Chief Master Hurst
Outcome
For the Claimants on the preliminary issue.
Legal Topics
Conditional Fee Agreements (cfa), After the Event (ate) Insurance, Delegation by Legal Representatives, Interpretation of 'legal Representative', Compliance With CFA Regulations 2000
Civil Procedure Costs Law Legal Profession Regulation Conditional Fee Agreements (cfa) After the Event (ate) Insurance Delegation by Legal Representatives Interpretation of 'legal Representative' Compliance With CFA Regulations 2000

Case Brief

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Parties

The Accident Group Ltd (TAG) and Claimants in Test Cases

Claimant

Liability Insurers (First Defendants: represented by Mr Burnett and Mr Williams; Second Defendants: represented by Ms Taylor)

Defendant

Procedural Posture

Costs Only Proceedings (test Cases) / Preliminary Issue Determination Before Chief Master Hurst

Legal Issues

  1. 1 Whether, under The Accident Group Scheme, the Regulation 4 information is given by a 'legal representative' within the meaning of Regulation 1 and 4 of the Conditional Fee Agreement Regulations 2000.
  2. 2 If not, what are the consequences for the Claimants' claims for costs?

Ratio Decidendi

The term 'legal representative' in the CFA Regulations 2000 is not limited to an individual but includes a firm or recognised body. There is no express or implied statutory prohibition on delegation of the Regulation 4 information. Therefore, a firm of solicitors may delegate the giving of Regulation 4 information to a TAG representative acting as its agent, provided the agent is duly authorised. The requirements of the CFA Regulations are satisfied if the information is given by such an agent on behalf of the firm.

Court Disposition

For the Claimants on the preliminary issue.

Orders

  • It is declared that, under The Accident Group Scheme, the Regulation 4 information may be given by a TAG representative as agent for the firm of solicitors (the legal representative) and such delegation does not render the CFA unenforceable or the ATE premium irrecoverable.