CFA Breaches - Myatt Issues
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If you're faced with an argument that your CFA is invalid because of a breach of Regulation 4(2)(c) of the CFA Regulations 2000 i.e. a "Myatt" argument, it is worth looking at the case of Kashmiri -v- Ejaz and Ejaz which was heard by Master Simons earlier this year.
He concluded that the receiving parties Solicitors had not breached the Regulations despite the fact that they had not looked at their insurance policy themselves.
It was of relevance that for this sort of case a sophisticated businessman would know whether he had legal expenses insurance cover and also the fact that the Solicitor had spent five hours with the receiving parties personally discussing the claim and the issue of insurance cover.
The case does show the willingness of the Courts to look at the particular circumstances of a case and the parties involved in considering whether the CFA regulations had been complied with.
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