Barlow v Perks [2007] EWHC 90087 (Costs) (19 October 2007)

Barlow v Perks [2007] EWHC 90087 (Costs) (19 October 2007)

The CFA entered into on 15 December 2004 is valid and enforceable. Although there were procedural irregularities and delays in advising the Claimant about the status of his legal expenses insurance and alternative funding, these were ultimately remedied before the CFA became operative. The Claimant was given the...

Source-derived case information.

Citation
[2007] EWHC 90087 (Costs)
Parties
Claimant: Roger Barlow; Defendant: Lucy Ewart Perks
Jurisdiction
England and Wales
Judgment Date
19 October 2007
Procedural Posture
Costs Assessment (preliminary Issue) / Judgment on Preliminary Issue Regarding Validity and Enforceability of Conditional Fee Agreement (cfa)
Outcome
CFA held valid and enforceable; preliminary issue determined in favour of the Claimant.
Legal Topics
Conditional Fee Agreements, Enforceability of Retainers, Legal Expenses Insurance, Solicitor Client Relationship, Costs Assessment
Civil Procedure Costs Personal Injury Conditional Fee Agreements Enforceability of Retainers Legal Expenses Insurance Solicitor Client Relationship Costs Assessment

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Summary, issues, holding and outcome

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Parties

Roger Barlow

Claimant

Lucy Ewart Perks

Defendant

Procedural Posture

Costs Assessment (preliminary Issue) / Judgment on Preliminary Issue Regarding Validity and Enforceability of Conditional Fee Agreement (cfa)

Legal Issues

  1. 1 Whether the Conditional Fee Agreement (CFA) entered into by the Claimant and Irwin Mitchell on 15 December 2004 is valid and enforceable given alleged breaches of Regulation 4 of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether the Claimant was properly advised regarding alternative funding and the status of his legal expenses insurance
  3. 3 Whether the transfer of the case from KSB Claims to Irwin Mitchell affected the enforceability of the CFA

Ratio Decidendi

The CFA entered into on 15 December 2004 is valid and enforceable. Although there were procedural irregularities and delays in advising the Claimant about the status of his legal expenses insurance and alternative funding, these were ultimately remedied before the CFA became operative. The Claimant was given the required oral and written explanations, and there was no material prejudice to him. The requirements of Regulation 4 were substantially complied with, and the CFA is not rendered unenforceable by the identified defects.

Court Disposition

CFA held valid and enforceable; preliminary issue determined in favour of the Claimant.

Orders

  • The CFA dated 15 December 2004 is valid and enforceable.
  • Costs to be assessed on the standard basis if not agreed.