Solicitors' costs were assessed at nil where they had failed adequately to investigate whether before the event insurance was available to their client as required by the Conditional Fee Agreements Regulations 2000 reg.4(2)(c) with the result that the conditional fee agreement was unenforceable. CPR Part 45 did not disapply the indemnity principle or provide for a fixed sum to be recoverable by a claimant irrespective of the claimant's liability to her own solicitors.