More News on CFA Breaches
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Despite the fact that the Conditional Fee Agreements (Revocation Regulations) 2005 have now come into force the old CFA Regulations continue to have effect in respect of agreements entered into before 1st November 2005.
This will mean that for some time at least there will continue to be challenges to the validity of CFA agreements.
In the case of Richards v Davis, Master Hurst ruled that a CFA was unenforceable because of breaches of the CFA Regulations and indicated that the validity of the CFA should be judged at the time the CFA was entered into and not at the time of the Detailed Assessment.
The Judge held that there had been a breach of the Regulations and that the protection afforded to the client had been adversely affected. He also accepted that there was an adverse effect on the proper administration of justice.
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