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31 July 2008
Issue: 7332 / Categories: Case law , Law reports , Costs , Personal injury
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SOLICITOR-COSTS-CONDITIONAL FEE AGREEMENT

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

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Expert witnesses face a multitude of risks and uncertainties when using artificial intelligence (AI) in their reports, IT specialists have warned
The Ministry of Justice (MoJ) has accepted Richard Lloyd’s recommendations for the Legal Services Board (LSB) and ordered a ‘comprehensive review of the regulatory framework’, likely to continue beyond 2029
More than one-third of expert witnesses now use artificial intelligence (AI) regularly or occasionally in their work, according to Bond Solon’s 2026 expert witness survey
General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
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