FPH Law (a firm) v Brown (t/a Integrum Law) [2016] EWHC 1681 (QB) (14 July 2016)

FPH Law (a firm) v Brown (t/a Integrum Law) [2016] EWHC 1681 (QB) (14 July 2016)

The Claimant may seek to recover damages for loss of a chance to receive a sum from the paying party in respect of costs incurred under a CFA, even if no costs were recovered on detailed assessment due to non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000. The enforceability of any compromise is assessed at the date it could have been entered into, not retrospectively from the judgment declaring the CFA unenforceable.

Citation
[2016] EWHC 1681
Parties
Claimant: FPH Law (A Firm); Defendant: Martyn Robert Brown (Trading as Integrum Law)
Jurisdiction
England and Wales
Judgment Date
14 July 2016
Procedural Posture
Civil Contract / Preliminary Issue Determination
Outcome
Claimant permitted to pursue claim for damages for loss of chance; issue to be determined at trial.
Legal Topics
Conditional Fee Agreements, Breach of Undertaking, Loss of Chance, Public Policy
Contract Law Professional Negligence Conditional Fee Agreements Breach of Undertaking Loss of Chance Public Policy

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Parties

FPH Law (A Firm)

Claimant

Martyn Robert Brown (Trading as Integrum Law)

Defendant

Procedural Posture

Civil Contract / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the Claimant may seek damages for loss of a chance to recover costs under a CFA disallowed for non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether a compromise of costs claim would have been enforceable despite subsequent declaration of unenforceability of the CFA
  3. 3 Whether non-compliance with Regulation 4 renders a CFA illegal or merely unenforceable

Ratio Decidendi

The Claimant may seek to recover damages for loss of a chance to receive a sum from the paying party in respect of costs incurred under a CFA, even if no costs were recovered on detailed assessment due to non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000. The enforceability of any compromise is assessed at the date it could have been entered into, not retrospectively from the judgment declaring the CFA unenforceable.

Court Disposition

Claimant permitted to pursue claim for damages for loss of chance; issue to be determined at trial.

Orders

  • Claimant may seek to recover damages for loss of a chance to receive a sum from the paying party in respect of costs incurred under a CFA disallowed for non-compliance with Regulation 4.