A solicitor had, in the name of his then firm, entered into a conditional fee agreement with a client. While the litigation proceeded he moved firms and then again. The benefit of the CFA was assigned by the former firm to the subsequent firm each time. The client was successful and his costs, to be paid by the defendant, were then assessed. The defendant in the action contended that he should not be made to pay the costs due under the CFA after its first assignment because the claimant was not liable to pay them. Held The defendant’s contention failed. The benefit and burden of the CFA might be assigned because: ‘The benefit of being paid was inextricably linked to the meeting by Girlings of its burden of ensuring to the best of its ability that the claimant succeeded.’
Judges:
Rafferty J
Citations:
[2005] EWHC 90008 (Costs), [2006] 1 WLR 3189
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Davies and Others v Jones and Another CA 9-Nov-2009
The parties contracted for the sale of land for development. The contract allowed for the costs of environmental remediation, but disputed the true figure set by the eventual builder and retained. The court now heard argument about whether the sum . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions
Updated: 05 April 2022; Ref: scu.230402