The defendant sought to appeal against orders for him to pay to his former solicitors sums for litigation undertaken by them under conditional fee agreements. Judges: Pill, Wilson, Richards LJJ Citations: [2010] EWCA Civ 332, [2010] 4 Costs LR 584 Links: Bailii Statutes: Conditional Fee Agreements Regulations 2000 (S.I.2000/692) Jurisdiction: England and Wales Legal Professions, … Continue reading Silvera v Bray Walker Solicitors (A Firm) and Another: CA 29 Mar 2010
Citations: [2008] EWCA Civ 21 Links: Bailii Statutes: Courts and Legal Services Act 1990 58, Collective Conditional Fee Agreements Regulations 2000 Jurisdiction: England and Wales Costs, Legal Professions Updated: 13 July 2022; Ref: scu.264038
The claimant appealed against a decision that the conditional fee agreement with her solicitors had been unenforceable because the solicitors had not disclosed to her a conflicting interest in recommending insurers. The issue was whether the CFA was one within Regulation 3A of the 2003 Regulations under which ‘the client is liable to pay his … Continue reading Jones v Wrexham Borough Council: CA 19 Dec 2007
The claimant had pursued the case under a collective conditional fee agreement, organised by her trade union. The defendant challenged an order for payment of the costs, arguing that under the indemnity principle, the claimant would be under no duty to pay costs, and that therefore there he was denied her claim by the indemnity … Continue reading Thornley v Lang: CA 29 Oct 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
Litigation had followed an accident. The claimant, a passenger, sought and won damages for personal injuries. He had taken out legal expenses insurance, and at dispute was the recovery of the cost of that insurance. He had been unaware of having the insurance and had also paid out for after the event insurance. He sought … Continue reading Sarwar v Alam: CA 19 Sep 2001
(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005
Whether the Claimant’s then solicitors, Messrs Ascots, sufficiently complied with Regulation 4 of the Conditional Fee Agreements Regulations 2000 in connection with the CFA under which this litigation was conducted on behalf of the Claimant. Judges: Master Rogers, Sitting as a Deputy District Judge Citations: [2006] EWHC 90059 (Costs) Links: Bailii Jurisdiction: England and Wales … Continue reading Oduvbu v Dualeh and Another: SCCO 5 Jul 2006
The court considered the proper basis for a success fee payable on a conditional fee agreement where, when signed, the defendant had already admitted liability. The claim was by a woman after being injured in a car driven by her brother. By the time her second form of solicitors took over the case the defendant … Continue reading C (acting by her litigation friend JF) v W: CA 19 Dec 2008
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed that the costs claimed infringed its right to freedom of expression. Held: The … Continue reading Campbell v MGN Ltd (No 2): HL 20 Oct 2005
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing for directions was heard ‘in chambers’ and an issue arose as to what the parties could say about that … Continue reading Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc: CA 12 Feb 1998
The Court considered the validity of after the event legal expenses insurance and conditional fee agreements schemes, and in particular whether an ATE premium was recoverable by a successful claimant. The damages had been agreed in the sum of pounds 3,105 plus interest. The case went to trial and the claimant won. The deputy district … Continue reading Rogers v Merthyr Tydfil County Borough Council: CA 31 Jul 2006
The claimant sought damages in defamation saying that the defendants had published a web page which falsely associated her with a terrorist gang in the 1970s. The defendants now sought a strike out of her claim as an abuse saying that a similar action by her had already been struck out applying Jameel. The defendant … Continue reading Kaschke v Gray and Another: QBD 23 Jul 2010
The defendants sought to argue that the conditional fee arrangement used by the claimant’s solicitors had been void under the 2000 regulations. They claimed that the solicitors had failed to disclose an interest in the policies sold. Held: No interest existed which should have been disclosed. The test was whether a reasonable person would think … Continue reading Tankard v John Fredricks Plastics Ltd; Jones v Attrill etc: CA 11 Dec 2008
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