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Deborah Garrett v Halton Borough Council ; David Myatt v National Coal Board

When determining whether a solicitor had failed to satisfy a condition referred to in s 58(3) of the Courts and Legal Services Act 1990, it was not necessary to consider whether the client had suffered actual prejudice.

15 September 2006

The appellant (G) appealed against a decision upholding the disallowance of her solicitors’ costs by reason of their failure, when recommending the after-the-event (ATE) insurance that they had, to inform her whether they had an interest in doing so, in breach of reg 4(2)(e)(ii) of the Conditional Fee Agreements Regulations 2000. The appellant in a joined case (M) appealed against a decision that the conditional fee agreement (CFA) that he had entered into was unenforceable by reason of his solicitors’ failure, in breach of reg 4(2)(c) of the 2000 Regulations, to inform him whether they had considered that he had relevant before-the-event (BTE) insurance cover. In G’s case, her solicitors had recommended that she enter into an insurance policy that was dictated by their membership of the panel of a claims management company. In the CFA, it was stated that “we do not have an interest in recommending this particular insurance agreement”. The solicitors, however, asserted tha...

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