These are the cases which we have summarised for our panel members. Log in or join our panel to view the case summaries.       Conditional Fee Agreements Ashley Cole v News Group Newspapers (2007) No Obligation to Disclose CFA unless Detailed Assessment Commenced and Points of Dispute Raise a Genuine Issue. Forde v Birmingham CC (2009) Pre November 2005 CFAs: A CFA which is defective under the pre November 2005 regulations can be 'cured' by signing a second retrospective CFA now. Garbutt & Anor v Edwards & Anor (2005) Breach of SRA Code of Conduct (e.g. failure to investigate BTE) does not invalidate CFAs after November 2005. Gaynor v Central West London Buses Ltd (2006) Work carried out before a CFA is signed is recoverable. Hollins v Russell (2003) Pre November 2005 CFAs: Only material breaches of CFA Regulations will affect validity of a CFA. Duty to disclose CFA. Jones v Wrexham Borough Council (2007) Client Care letter terms can inadvertently 'save' an uninforceable CFA. Nizami & Anor v Butt (2006) Where fixed costs apply: valid retainer is not required in order to recover predictable costs, success fee and ATE premium.       BTE Insurance Hutchings v British Transport Policy Authority (2006) BTE Insurance - defendant's enquiries of claimant's initial BTE investigations are restricted. Kilby v Gawith (2008) Where fixed costs apply: The usual success fee is recoverable even where the claimant has a pre-existing BTE insurance policy. Peel v Beasley (2007) Union can recover notional insurance premium even if member also had BTE policy. Samonini V London General Transport Services Ltd (2005) Pre November 2005 CFAs: Failure to investigate BTE and advising the client to purchase an onerous ATE means all costs are disallowed. Sarwar v Alam (2001) Duty of passenger to use driver's BTE policy is limited.       ATE Insurance Able UK Limited v Reliance Security Services Limited (2006) Obtaining more than one ATE premium quotation is not necessary. Avril v Boultby (2008) The cost of an ATE Insurance policy taken out following an admission of liability is recoverable. Burgess v J Breheny Contracts Limited (2009) The cost of an ATE Insurance policy taken out following an admission of liability (with causation issues reserved) is recoverable. Callery v Gray (2002) Purchase of insurance at commencement of claim approved. Passenger entitled to recover an ATE insurance premium. Premium of £367.50 for RTA approved. Claims Direct Test Cases (2002) Non-motor premium of £621.13 approved. Premiums which contained commission were recoverable. Rogers v Luteaim Limited (2009) Commission paid on ATE policy need not be disclosed to Defendant. Sharratt v London Central Bus Co - The Accident Group Test Cases (2003) Defendant not entitled to breakdown of calculation of ATE premium except in exceptional circumstances. Tilby V Perfect Pizza (2002) Deferred premium is not subject to the Consumer Credit Act.       Practice & Procedure Carver v BAA (2008) A Part 36 offer is not necessarily beaten by a higher award at trial Cullen v Chopra (2007) Metcalfe v Clipston approved (pre-issue notice of funding not mandatory). Dahele v Thomas Bates & Sons Limited (2007) Fixed Costs Cases: 100% success fee payable if settlement negotiated at door of Court. Metcalfe v Clipston (2004) Notice of funding not mandatory before proceedings are issued. Philips v Rafiq & MIB (2007) MIB liable even though deceased passenger knew driver was uninsured. Sowerby v Charlton (2005) Defendant does not need the Court's permission/Claimant's agreement to withdraw a pre-action admission of liability. Ul-Haq v Shah (2009) Court will not strike out a Claimant's genuine claim where he is part of a fraud in an associated claim. Woollard v Fowler (2006) Where fixed costs apply: agency fees included in cost of medical report are recoverable.       Useful Links:   Civil Procedure Rules   Personal Injury Protocol   Industrial Disease Protocol   MIB Uninsured Agreement   MIB Untraced Agreement     * Click here to read the Terms and Conditions which govern your use of this site