(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 guidance to matters of practice in the civil courts, but in so far as they contain statements of the law which are wrong they carry no authority at all.’
Judges:
Brooke VP CA, Rix, Dyson LJJ
Citations:
[2005] 1 WLR 2657, Times 16-May-2005, [2005] EWCA Civ 475, [2005] 4 Costs LR 600
Links:
Statutes:
Civil Procedure Rules 44.8(2), Courts and Legal Services Act 1990 58, Conditional Fee Agreements Regulations 2000 (2000 No 602)
Jurisdiction:
England and Wales
Cited by:
Cited – Coventry and Others v Lawrence and Another SC 22-Jul-2015
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been . .
Cited – N v ACCG and Others SC 22-Mar-2017
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
Cited – In re NY (A Child) (Reunite International and others intervening) SC 30-Oct-2019
The father had applied for a summary order requiring the return of the daughter to Israel. The Court was asked to consider whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Costs
Updated: 06 May 2022; Ref: scu.224477
