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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

Signature Litigation—Catherine Naylor

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Morgan Lewis—Paul Feldberg

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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