Solicitors’ fees protected despite unenforceable CFA.

In FPH Law (a firm) v Martyn Robert Brown (t/a Integrum Law) [2018] EWCA Civ 1629, the defendant agreed to act for his client under the terms of a conditional fee agreement in respect of a personal injury claim that was brought against Jarvis PLC, the client's employer in 2006. In 2009, Mr Brown left … Continue reading Solicitors’ fees protected despite unenforceable CFA.

CFA Lite arrangement upheld by the Supreme Court

One interesting case that highlights just how far the courts are prepared to go to protect a solicitor's lien is that of Gavin Edmondson Solicitors Limited Respondent/Cross-Appellant)("Edmondson") v Haven Insurance Company (Appellant/Cross-Respondent)("Haven") [2018] UKSC 21. The appeal arose out of Edmondson's claim against Haven for (i) wrongful inducement to Edmondson's clients to breach their retainer … Continue reading CFA Lite arrangement upheld by the Supreme Court

Disclosure of retainers – worldwide freezing orders.

JSC BTA Bank v (1) Mukhtar Ablyazov (2) Ilyas Khrapunov [2018] EWHC 1368 (Comm) concerns an application for full and proper disclosure of the Second Defendant’s method of funding the proceedings. Both Defendants were subject to a worldwide freezing order (WFO). The First Defendant had fled the jurisdiction and the proceedings were fought out between … Continue reading Disclosure of retainers – worldwide freezing orders.

SCCO deals blow to new CFA challenges.

An interesting decision from SCCO Costs Judge, Master James in Hanley v JC & A Solicitors Limited [SCCO Ref JJ 1706056] concerning an application by a former client for the delivery up of the solicitor’s full file of papers. The Claimant was seeking to challenge the deduction of the solicitor’s fees from his damages under the … Continue reading SCCO deals blow to new CFA challenges.

Deed of rectification of a CFA – Permission to Appeal granted

The Court of Appeal has recently been asked to consider an application for permission to appeal an Order of Warby J in relation to the Appellants’ funding arrangement. In Frade & Ors v Radford & Anor [2017] EWCA Civ 1010 (14 July 2017) the underlying dispute concerned a Spanish film. The First Claimant was commissioned to … Continue reading Deed of rectification of a CFA – Permission to Appeal granted