26.08.2009Kent v Polar Motor Co. (Liverpool County Court)
Key issues: “Old-Style” CFA, ATE, CFA, CFA Regs 2000, County Court, Disclosure to client, Solicitors’ interest
The Solicitors in this case acted under a CFA and recommended taking out an ATE policy with a particular insurance company
However, this was linked to the claims management company through which the Solicitors received cases, including this one.
This case was concerned with whether the Solicitors had an interest in the claim, under Reg. 4(2)(e)(ii) CFA Regulations 2000, which they should have disclosed to the client.
On the facts it was held that the Solicitors did have an interest, and because they had not disclosed it to the Claimant, the CFA was unenforceable.
Thomas Legal Costs
12 Token House Yard
DX 138752 CHEAPSIDE
18 Park Street
T: 020 7073 2600
F: 020 7073 2955