0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Spencer v Wood, Court of Appeal, 15 March 2004

18 March 2004
The issues

Costs – Conditional Fee Agreement – whether enforceable.

The facts

The Claimant having settled his claim sought costs from the Defendant. The Claimant’s case was funded with the benefit of a Conditional Fee Agreement. The Judge ruled that the Agreement was unenforceable, since it had not satisfied Conditional Fee Agreements Regulations 2000 Regulation 3(i)(b) namely that a Conditional Fee Agreement which provides for a success fee “must specify how much of the percentage increase, if any, relates to the cost to the legal representative of the postponement of the payment of his fees and expenses”. The Judge found that this breach was a material one in that it was not clear from the CFA what costs were recoverable from the Defendant. It was therefore not enforceable under Section 58 Courts and Legal Services Act 1990.

The decision

1. The County Court Judge had been correct. The CFA was unenforceable. There had been a clear breach and Hollins -v- Russell applied.

Appeal dismissed.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up