Myatt & Ors v National Coal Board [2005] EWHC 90012 (Costs) (12 August 2005)

Myatt & Ors v National Coal Board [2005] EWHC 90012 (Costs) (12 August 2005)

The solicitors failed to comply with Regulation 4(2)(c) of the CFA Regulations 2000 by not making adequate inquiries into the existence of BTE insurance, instead asking clients to interpret potentially complex documents and not requiring production of relevant policies. This breach is material and renders the CFAs unenforceable.

Citation
[2005] EWHC 90012 (Costs)
Parties
Claimant: David Myatt; Claimant: Frank Ellis; Claimant: Colin Edwards; Claimant: John Rodger; Defendant: National Coal Board
Jurisdiction
England and Wales
Judgment Date
12 August 2005
Procedural Posture
Costs Assessment (preliminary Issue) / Preliminary Issue Determination on Enforceability of Cfas
Outcome
CFAs in all four cases declared unenforceable due to breach of Regulation 4(2)(c) of the CFA Regulations 2000.
Legal Topics
Conditional Fee Agreements, Regulation 4(2)(c) CFA Regulations 2000, After the Event Insurance, Noise Induced Hearing Loss, Detailed Assessment of Costs
Civil Procedure Costs Conditional Fee Agreements Regulation 4(2)(c) CFA Regulations 2000 After the Event Insurance Noise Induced Hearing Loss Detailed Assessment of Costs

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Parties

David Myatt

Claimant

Frank Ellis

Claimant

Colin Edwards

Claimant

John Rodger

Claimant

National Coal Board

Defendant

Procedural Posture

Costs Assessment (preliminary Issue) / Preliminary Issue Determination on Enforceability of Cfas

Legal Issues

  1. 1 Whether the Conditional Fee Agreements (CFAs) in each of the four cases are unenforceable due to breach of Regulation 4(2)(c) of the CFA Regulations 2000

Ratio Decidendi

The solicitors failed to comply with Regulation 4(2)(c) of the CFA Regulations 2000 by not making adequate inquiries into the existence of BTE insurance, instead asking clients to interpret potentially complex documents and not requiring production of relevant policies. This breach is material and renders the CFAs unenforceable.

Court Disposition

CFAs in all four cases declared unenforceable due to breach of Regulation 4(2)(c) of the CFA Regulations 2000.

Orders

  • No costs are recoverable from the Defendant in these cases.
  • ATE insurance premiums are not recoverable from the Defendant.