This paper was originally presented at a seminar in Chambers in November 2006.
“‘This is like déjà vu all over again’ said Yogi Berra, the great baseball catcher, in one of sport’s most celebrated quotations. It is a bon mot which may have sprung to many practitioner’s minds when reading the decisions of the Court of Appeal in Garrett v Halton Borough Council and Myatt v National Coal Board,  EWCA Civ 1017 & 1018, which revisited the question of defective CFAs. Many had thought that all that could be said about that subject had already been stated by the court in Hollins v Russell  EWCA Civ 718,  1 WLR 2487. Yet if one reads the press releases of the Law Society and APIL, the effect of the Garrett & Myatt cases is, de facto, to reverse the earlier decision…”