This article was originally published in the Law Society Gazette in July 2006.
“The ghost of Admiral Byng, who was shot on the quarterdeck “pour encourager les autres” for failing to drive the French from Minorca, hovered over the Court of Appeal this month, when they handed down the most important decision on CFAs since Hollins v Russell  1 WLR 2487. This time, though, it is solicitors who have acted in breach of the CFA Regulations 2000 who face the firing squad. In Garrett v Halton BC and Myatt v National Coal Board  EWCA Civ 1017, defendants were using the indemnity principle to challenge the enforceability of CFAs based on breaches of Regs. 4(2)(c) and 4(2)(e)(ii)…”