Description
Blair J held that a Claimant was not entitled to recover a fee he had paid to a claims handling company that, pursuant to a conditional fee agreement, had successfully handled his claim for vibration white finger injuries. There was no legal justification for implying a contractual term that the company had to disclose to the Claimant that it would also receive a fee under a government scheme if the claim was successful. As the Claimant only had to pay a capped fee in the event that he was successful and in circumstances where he was seeking union representation where he was no longer paying those union fees, the contract did not amount to an unconscionable bargain such as to justify being setting aside.
