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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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