Breach of Conditional Fee Agreements Regs

The claimant was involved in a road traffic accident and commenced proceedings under The Accident Group Scheme for damages for personal injury. He advised his solicitor that he did not have legal expense insurance and signed a Conditional Fee Agreement (CFA). He agreed to pay a premium for an after-the-event (ATE) legal expense insurance. It later emerged that he did, in fact, have before-the-event (BTE) insurance. The claim was settled by consent order, which provided that the defendant would pay the claimant’s reasonable costs, or proceed to detailed assessment if not agreed.