Jones – v – Wrexham Borough Council [2007] EWCA Civ 1356

Posted on Wednesday, December 19th, 2007

The Court of Appeal held that the CFA in this matter was indeed a CFA Lite and so Regulation 3A of the CFA Regulations as amended would apply. It was found that the correct way to construe a CFA was to look at the whole package provided by the Solicitor, including the Rule 15 letter, the CFA agreement and the insurance policy document. Therefore, if it can be established that the client care letter, the CFA document (dated after 02/06/03) and any insurance policy create a CFA Lite, any arguments regarding breaches of Regulations, such as those in Garrett (Regulation 4(2)(e)(ii)) and Myatt (Regulation 4(2)(c)) should be defeated.

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