Conditional fee agreements

White v Revell QBD 8 September 2006

Counsel: For the claimant: Gordon Wignall For the defendant: Simon Browne Solicitors: For the claimant: Irwin Mitchell For the defendant: Rollingsons

The claimant in this case had entered into a Conditional Fee Agreement (CFA) with his solicitors in relation to a claim against R the defendant in the proceedings for personal injuries sustained by W in a motor vehicle accident. It was necessary for the court to determine in costs proceedings whether the CFA between W and his solicitors was enforceable. The solicitors had originally acted for W on a conventional privately funded basis. Before that time, W had used other solicitors who were approved by his insurers, with whom he had legal expenses insurance. The claim by W was settled, but the question of costs remained outstanding. A dispute had arisen in correspondence between the parties about whether the procedure adopted by W’s solicitors to determine the existence of legal expenses insurance, or before-the-event insurance was adequate, and as to whether the CFA funding was discussed with W and whether he had been adequately advised. R argued W’s solicitors had not complied with the Conditional Fee Agreements Regulations 2000 Reg.4(1) generally. and Reg.4(2)(c) specifically.