CFA backdated but not retrospective

Holmes v Alfred McAlpine Homes (Yorkshire) Ltd [2006] EWHC 110 (QB); SJ 3 March

On 15 June 2000 the claimant instructed solicitors to act in his personal injury claim against the defendant under a conditional fee agreement with no success fee. On 25 August 2000 a new agreement was entered into providing for a 25% success fee, backdated to 15 July 2000. The claim was settled on the basis that the defendant would pay the claimant’s costs; however, it alleged that the claimant’s solicitors had not complied with regulation 4 of the Conditional Fee Agreement Regulations 2000 (SI 2000 No 692) and therefore the agreement was not enforceable.