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 a compromise is assessed at the date it could have been entered into, and a bona fide compromise could have been enforceable prior to the judgment declaring the CFA unenforceable.

Citation
[2016] EWHC 1681 (QB)
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 Breach of Contract / Preliminary Issue Determination
Outcome
Claimant permitted to pursue claim for damages for loss of a chance; preliminary issue determined in claimant's favour.
Legal Topics
Conditional Fee Agreements, Breach of Undertaking, Loss of Chance Damages, Public Policy in Legal Fees
Contract Law Legal Profession Civil Procedure Conditional Fee Agreements Breach of Undertaking Loss of Chance Damages Public Policy in Legal Fees

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Parties

FPH LAW (A Firm)

Claimant

Martyn Robert Brown (Trading as Integrum Law)

Defendant

Procedural Posture

Civil Breach of Contract / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimant may recover damages for loss of a chance to receive costs under a CFA found unenforceable due to non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether a compromise of costs between Mr Douglas and Jarvis plc would have been enforceable prior to the judgment declaring the CFA unenforceable
  3. 3 Whether the CFA was 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 a compromise is assessed at the date it could have been entered into, and a bona fide compromise could have been enforceable prior to the judgment declaring the CFA unenforceable.

Court Disposition

Claimant permitted to pursue claim for damages for loss of a chance; preliminary issue determined in claimant's favour.

Orders

  • Claimant may seek to recover damages for loss of a chance to receive costs under the CFA; issue to be determined at trial.