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Attack of the zombie regulations

Lucy McCormick assesses consumer cancellation regulation and the recoverability of legal fees

8 September 2015

 

The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 (the Cancellation Regulations) were repealed on 13 June 2014 and replaced with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Consumer Contracts Regulations). Yet, as shown by two recent cases, the Cancellation Regulations continue to reach beyond the grave to bite unwary lawyers.

The Court of Appeal decision in Cox v Woodlands Manor
Home [2015] EWCA Civ 415 confirmed solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the Cancellation Regulations. The decision applies to all CFAs entered into between 1 October 2008 and 13 June 2014, and so potentially impacts a significant number of cases.

Factually, the decision arose out of a claim by Ms Cox against her e...

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