header-logo header-logo

SOLICITOR-COSTS-CONDITIONAL FEE AGREEMENT

31 July 2008
Issue: 7332 / Categories: Case law , Law reports , Costs , Personal injury
printer mail-detail

Conister Trust Ltd v John Hardman & Co and another [2008] EWCA Civ 841, [2008] All ER (D) 273 (Jul)

Court of Appeal, Civil Division

Waller, Laws and Lawrence Collins LJJ

21 July 2008

The words “debtor” and “creditor” are terms defined by s 189(1) of the Consumer Credit Act 1974 (CCA 1974) and are to be used irrespective of whether the credit agreement is enforceable.

Richard Mawrey QC and Toby Riley-Smith (instructed by New Law Solicitors) for the claimant.Clive Freedman QC and William Hibbert (instructed by Kennedys) for the first defendant.Neil Hext (instructed by Herbert Smith LLP) for the second defendant.

The claimant bank designed a scheme for the funding of personal injury litigation. Under the scheme, it would enter into panel agreements with solicitors who would provide services to clients pursuant to a conditional fee agreement (CFA). The scheme covered the profit costs incurred by the solicitor in pursuit of the litigation. It did not, however, deal with the question of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll