Ahmed v The Bread Roll Company Ltd
The CFA and retainer letter together constituted a retrospective contract, with all terms in writing and compliance with regulations; the solicitor adequately explained the effect and insurance advice, making the CFA enforceable.
- Parties
- Claimant: Zulfiquar Ahmed; Defendant: The Bread Roll Company Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 12 February 2009
- Procedural Posture
- Costs Assessment / Preliminary Issues Determination
- Outcome
- Preliminary issues determined in Claimant's favour
- Legal Topics
- Conditional Fee Agreements, Retrospective Effect, Compliance With CFA Regulations, ATE Insurance
Case Brief
Summary, issues, holding and outcome
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Parties
Zulfiquar Ahmed
Claimant
The Bread Roll Company Limited
Defendant
Procedural Posture
Costs Assessment / Preliminary Issues Determination
Legal Issues
- 1 Whether the CFA was enforceable given its retrospective effect and date discrepancy
- 2 Compliance with Conditional Fee Agreements Regulations 2000
- 3 Adequacy of advice regarding ATE insurance
Ratio Decidendi
The CFA and retainer letter together constituted a retrospective contract, with all terms in writing and compliance with regulations; the solicitor adequately explained the effect and insurance advice, making the CFA enforceable.
Court Disposition
Preliminary issues determined in Claimant's favour
Orders
- Parties invited to agree terms as to permission to appeal, costs, and consequential orders
- Provisional view: Defendants should have permission to appeal
Full Case Text
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