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Barlow v Perks [2007] EWHC 90087 (Costs) (19 October 2007)

Description

CFA Unenforceable where Material Non-compliance with Regulation. It was held that a Conditional Fee Agreement was not valid and enforceable because there had been material non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000 which requires solicitors to inform the client about the availability of insurance and other methods of financing the costs. The client had transferred to a firm of solicitors who were not on the panel of the insurers who were initially funding his claim with the original solicitors. He had been told that his only two options were entering into a CFA and underwriting the claim himself. He had not been told that his before-the-event insurance policy might be valid if he instructed panel solicitors.

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