header-logo header-logo

18 February 2010 / Michael Feakes
Issue: 7405 / Categories: Features , Procedure & practice
printer mail-detail

Stormy conditions ahead?

Michael Feakes on a recent court decision which blew CFAs a fair wind

There is stormy weather on the horizon for conditional fee agreements (CFAs), if the Jackson Report is any forecast. But at least one dark cloud hanging over CFAs has now been blown away. An appeal judge’s decision last month has provided a ray of sunshine for insurers pursuing subrogated recovery claims.

Background

The case (Sousa v London Borough of Waltham Forest [2010] EW Misc 1 (EWCC)) involved subsidence caused by tree roots. The claimant said his property was damaged by the defendant’s trees, and the claim was settled with costs to be assessed. So far, so typical.

The claim had been brought by the claimant’s insurers, under their right of subrogation. The insurers had instructed solicitors under a collective CFA with a success fee. Again, all very ordinary.

But then things went awry—at least for the claimant’s lawyers. At a hearing to assess the claimant’s costs, the defendant pointed to CPR 44.4. This rule provides that the court must disallow costs

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll