Both parties relied on Hollins v Russell

A breach of the Conditional Fee Agreements Regulations 2000 renders a CFA unenforceable only if the conditions applicable to it have not been satisfied to a material extent; the test is whether the particular departure from a regulation (or s.58(1) of the Courts and Legal Services Act 1990) had a materially adverse effect either upon the protection afforded to the client or upon the proper administration of justice.