Where only part of action for which costs are awarded, is covered by a contentious business agreement, and the amount recoverable is limited, that part is severable from the balance. A paying party cannot be ordered to pay a receiving party more by way of costs than the receiving party is himself liable to pay by relying on a contractual cap agreed between the receiving party and his solicitor.
Citations:
Gazette 18-Mar-1998, Times 20-Feb-1998, [1998] EWCA Civ 220, [1998] 2 All ER 30, [1998] CLC 768, [1998] Lloyds Rep IR 211, [1998] 1 Costs LR 1, [1998] 1 WLR 1231
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – General of Berne Insurance Company v Jardine Reinsurance Management Ltd and Others ComC 24-Jun-1997
Costs – Contentious Business Agreement- Section Does not limit the costs recoverable by a successful party to the hourly rates agreed in a Contentious Business Agreement – the limit only applies to the global limit payable under the agreement. . .
Cited by:
Cited – Hollins v Russell etc CA 22-May-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 . .
Cited – Garbutt and Another v Edwards and Another CA 27-Oct-2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions
Updated: 14 November 2022; Ref: scu.143698