FPH Law (a firm) v Brown (t/a Integrum Law)

FPH Law (a firm) v Brown (t/a Integrum Law)

The Claimant may seek to recover damages for the 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, and a bona fide compromise of a disputed claim would have been enforceable.

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 / Ruling on Preliminary Issue
Outcome
Claimant may pursue claim for damages for loss of a chance; issue to be determined at trial.
Legal Topics
Conditional Fee Agreements, Breach of Undertaking, Public Policy, Damages for Loss of Chance
Contract Law Legal Profession Conditional Fee Agreements Breach of Undertaking Public Policy Damages for Loss of Chance

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Parties

FPH Law (A Firm)

Claimant

Martyn Robert Brown (Trading as Integrum Law)

Defendant

Procedural Posture

Civil / Ruling on Preliminary Issue

Legal Issues

  1. 1 Whether the Claimant may seek damages for loss of a chance to recover costs under a CFA declared unenforceable due to non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether a compromise of the costs claim would have been enforceable given the CFA's unenforceability or illegality

Ratio Decidendi

The Claimant may seek to recover damages for the 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, and a bona fide compromise of a disputed claim would have been enforceable.

Court Disposition

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

Orders

  • Claimant permitted to seek damages for loss of a chance to recover costs under the CFA; final determination reserved for trial.