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I’m not sure why D needed relief in respect of Counsel’s CFA; the requirement to give notice of Counsel’s CFA is governed by CPD 19.3 (as it then was) which continues to apply due to CPR 48.1 (1).
CPD 19.3 provided that notification of Counsel’s CFA was not required where notice was given of a solicitors CFA which it was here, albeit late.
19.3
…
(2) Further notification need not be provided where a party has already given notice:
(a) that he has entered into a conditional fee agreement with a legal representative and during the currency of that agreement either of them enters into another such agreement with an additional legal representative;