Tankard v John Fredricks Plastics Ltd [2008] EWCA Civ 1375

This was a matter concerning Accident Line Protect membership. The Defendants argued that the Solicitors for the Claimant were in breach of Regulation 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 in that they failed to disclose to their Client that they had an ‘interest’ within the meaning of the above Regulation and therefore, the CFA was unenforceable.

The Court of Appeal held that the case was distinguished from Garret in that there was no declarable interest and that the nature of the relationship between Accident Line Protect and the Solicitors was different from that in Garrett and that unlike Garrett, the referrals did not play the same part in the Solicitors’ business.