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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

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Gaynor v Central West London Buses Ltd (2006)

Work carried out before a CFA is signed is recoverable

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Hollins v Russell (2003)

Pre November 2005 CFAs: Only material breaches of CFA Regulations will affect validity of a CFA. Duty to disclose CFA

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Jones v Wrexham Borough Council (2007)

Client Care letter terms can inadvertently 'save' an uninforceable CFA

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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

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R v Barts Health NHS Trust (2022)

High hourly rate recoverable despite use of QC

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Hutchings v British Transport Police Authority (2006)

BTE Insurance - defendant's enquiries of claimant's initial BTE investigations are restricted

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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

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Peel v Beasley (2007)

Union can recover notional insurance premium even if member also had BTE policy

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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

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