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Court of Appeal upholds unenforceability of Conditional Fee Agreement (Cox v Woodlands Manor Care Home)

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Published on: 14 May 2015

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
The signing of the CFA
At what point was the CFA actually made?
Court details

Article summary

Dispute Resolution analysis: the Court of Appeal has dismissed an appeal for enforcing a conditional fee agreement (CFA), the practical result of which is to leave the appellant’s solicitors unable to recover for their legal services. The finding was based on a pragmatic interpretation of consumer contract regulations and their requirements. The regulations have subsequently been superseded to avoid such scenarios but were in force at the time of, and relevant to, this case and therefore compliance with them was obligatory, even if the outcome was ‘regrettable’.

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