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Civil procedure [2016] EWHC 1600

Radford & Anor v Frade & Ors

Radford & Anor v Frade & Ors [2016] EWHC 1600 (QB) (08 July 2016)

The High Court dismissed appeals about a conditional fee agreement, holding it was limited to procedural applications and did not cover later substantive steps.

  • Conditional fee agreements
  • Solicitor retainer
  • Costs assessment
  • Scope of retainer
  • Enforceability of cfas
  • Conditional-fee-agreements
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Civil procedure [2010] EWCA Civ 332

Silvera v Bray Walker Solicitors (A Firm) & Ors

Silvera v Bray Walker Solicitors (A Firm) & Ors [2010] EWCA Civ 332 (29 March 2010)

Court of Appeal held that CFAs were enforceable despite a challenge to the briefness of reasons given for the success fee, and dismissed the appeal.

  • Conditional fee agreements
  • Enforceability of cfas
  • Regulation 3(1)(a) compliance
  • Materiality of regulatory breach
  • Conditional-fee-agreements
  • Cfa-enforceability
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Civil procedure [2009] EWHC 90145 (Costs)

Tranter v Hansons (Wordsley) Ltd

Tranter v Hansons (Wordsley) Ltd [2009] EWHC 90145 (Costs) (18 June 2009)

The court held that the claimant’s solicitors failed to make reasonable enquiries about available legal expenses insurance, making the CFA unenforceable.

  • Conditional fee agreements
  • Legal expenses insurance
  • Regulation 4(2)(c) cfa regulations 2000
  • Enforceability of cfas
  • Material breach of regulations
  • Conditional-fee-agreements
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Contract law [2008] EWHC 3147 (QB)

Bray Walker Solicitors (a firm) & Anor v Silvera

Bray Walker Solicitors (a firm) & Anor v Silvera [2008] EWHC 3147 (QB) (18 December 2008)

The High Court held that the claimants’ CFAs complied with the regulations and were enforceable. The defendant’s challenges to transfer, termination, and oral explanation failed.

  • Conditional fee agreements
  • Solicitors' retainer
  • Enforceability of cfas
  • Compliance with cfa regulations
  • Novation of contracts
  • Conditional-fee-agreements
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Civil procedure [2008] EWHC 90108 (Costs)

Sidhu v Sandhu & Anor

Sidhu v Sandhu & Anor [2008] EWHC 90108 (Costs) (24 July 2008)

The High Court Costs Office held that a conditional fee agreement was unenforceable because it failed to specify any postponement element in the success fee, as required by the Regulations.

  • Conditional fee agreements
  • Success fees
  • Enforceability of cfas
  • Compliance with conditional fee agreements regulations 2000
  • Conditional-fee-agreements
  • Success-fees
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Civil procedure [2008] EWHC 90115 (Costs)

Dunn v Crescenzo Mici

Dunn v Crescenzo Mici [2008] EWHC 90115 (Costs) (25 June 2008)

The High Court held that a CFA entered for a minor claimant was enforceable because the claimant, not his mother, was the client and received the required advice.

  • Conditional fee agreements
  • Enforceability of cfas
  • Compliance with cfa regulations
  • Indemnity principle
  • Conditional-fee-agreements
  • Cfa-enforceability
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Civil procedure

Dunn v Crescenzo Mici

Appeal in a costs assessment over whether a CFA was unenforceable for non-compliance with Regulation 4(2)(c). The High Court held the agreement valid and remitted assessment.

  • Conditional fee agreements
  • Enforceability of cfas
  • Regulatory compliance
  • Indemnity principle
  • Conditional-fee-agreements
  • Costs-law
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Civil procedure [2007] EWCA Civ 1356

Jones v Wrexham Borough Council

Jones v Wrexham Borough Council [2007] EWCA Civ 1356 (19 December 2007)

The Court of Appeal held that a CFA, read with the client care letter and insurance policy, was a valid “CFA Lite” under Regulation 3A.

  • Conditional fee agreements
  • Enforceability of cfas
  • Interpretation of cfa regulations
  • Disclosure of interest in insurance
  • Access to justice act 1999
  • Conditional-fee-agreements
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Civil procedure

Jones v Wrexham Borough Council

The Court of Appeal held that a conditional fee agreement, read with the client care letter and insurance arrangements, was a valid “CFA Lite” under Regulation 3A.

  • Conditional fee agreements
  • Enforceability of cfas
  • Interpretation of regulations
  • Solicitor-client relationship
  • Conditional-fee-agreements
  • Costs
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Civil procedure [2007] EWHC 90086 (Costs)

Dole v ECT Recycling Ltd

Dole v ECT Recycling Ltd [2007] EWHC 90086 (Costs) (17 September 2007)

The High Court Costs Office dismissed a challenge to a CFA, holding there was no breach of the CFAR 2000 duty to advise on BTE insurance.

  • Conditional fee agreements
  • Before the event insurance
  • Regulation 4(2)(c) and (d) cfar 2000
  • Enforceability of cfas
  • Conditional-fee-agreements
  • Before-the-event-insurance
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.