Non-disclosure of CFA

Worth v Mckenna (His Honour Judge Marshall Evans, Liverpool County Court, 16 October)

The claimant’s personal injury claim arising out of a road traffic accident was settled without proceedings being commenced for £1,250 with costs. No agreement as to the quantum of costs was reached, and in consequence the claimant issued a Part 8 claim, resulting in an order for detailed assessment. The claimant’s solicitor specified on the bill that ‘in respect of the bill the costs claimed herein do not exceed the costs which the receiving party is required to pay to my firm’. The claim was funded under a conditional fee agreement. The defendant’s solicitors wrote to the claimant’s solicitors: ‘In order that we may consider your costs claim, it is essential that we have access to those documents which will enable us to come to a view as to whether this particular CFA is enforceable. Accordingly, please provide us with the following documents: