The Issues: The Defendants challenged the enforceability of a CFA signed before 1 November 2005, by reference to the Conditional Fee Agreements Regulations 2000 (the 2000 Regulations) and in particular to Regulation 4(2)(e)(ii) relating to the requirement to inform the client of any “interest” the solicitor might have in recommending a particular insurer. Those representing the Claimant argued that the CFA was in fact a ‘CFA Lite’ in accordance with The Conditional Fee Agreement (Miscellaneous Amendments) Regulations 2003 (the 2003 Regulations), which did not require compliance with Regulation 4 of the 2000 Regulations.
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