In Jones v Wrexham BC – Butterworths Law Direct 19.12.07 the Court of Appeal ruled on the appropriate considerations when determining whether a conditional fee agreement fell within the Conditional Fee Agreements Regulations 2000 reg.3A as amended by the Conditional Fee Agreements (Miscellaneous Amendments) Regulations 2003. Under those regulations a CFA Lite is one pursuant to which ‘the client is liable to pay his legal representative’s fees and expenses only to the extent that sums are recovered in respect of the relevant proceedings, whether by costs or otherwise.’

It held that the court had to construe the whole arrangement made between the solicitor and client. There was no reason why the court should not look at the whole package produced by the solicitor, the CFA agreement, the Rule 15 of the Law Society's Solicitors' Practice Rules letter explaining to the client the effect of the agreement (NB now replaced by the SRA) and the insurance policy recommended by the solicitor.