Cox v Woodlands Manor Care Home

Costs – Order for costs. Following settlement of a personal injury claim, an issue arose as to whether the conditional fee agreement that had been entered into between the claimant and her solicitors had been enforceable as between them, which in turn affected the recoverability of the claimant's costs from the defendant. The district judge had found that there had been no agreement in place because there had been no intention to create legal relations. That was overturned by a second judge. The Court of Appeal, Civil Division, dismissed the claimant's appeal. There had, on the facts, been a legally binding agreement that had been entered into at the claimant's home and the requirements of reg 5 of the Cancellation of Contracts Made in a Consumer's Home or Place of Work etc Regulations 2008, SI 2013/3134, had been met. The CFA had not been enforceable against the claimant and the defendant was not liable for the costs charged under it.

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