01 January 2009
Bray Walker Solicitors (a firm) v Silvera [2008] EWHC 3147, [2008] All ER (D) 210 (Dec)
Fees cannot be recovered under a CFA unless there has been substantial compliance with the duties set out in the Regulations, and substantial compliance is not to be judged by whether or not there has been actual loss or prejudice caused to the client. An implicit agreement not to enforce a defective part of the contract that fails to comply with the regulations will not save the enforceability of the contract as a whole.
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