Hughes v George Major Skip Hire Ltd & Anor [2009] EWHC 90147 (Costs) (03 July 2009)

On detailed assessment of the Claimant’s Bill of Costs, the Defendant argued that the CFA was unenforceable due to a material breach of Regulation 3(1)(b), as the CFA failed to specify how much of the success fee related to postponement of the solicitors’ fees and expenses. The Defendant also argued failure of compliance of Regulation 4.

However, it was found that although there was a breach of Regulation 3 and therefore a breach of Regulation 4, they were not deemed to have a material adverse effect on the proper administration of justice or on the protection afforded to the Client. The client had been aware at all times that she would not have to pay anything out of her damages.