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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Conditional Fee Agreements
SOLICITOR'S FEES NOT RECOVERABLE AFTER THEY HAD TERMINATED THE CONDITIONAL FEE AGREEMENT: HIGH COURT DECISION

SOLICITOR’S FEES NOT RECOVERABLE AFTER THEY HAD TERMINATED THE CONDITIONAL FEE AGREEMENT: HIGH COURT DECISION

October 28, 2020 · by gexall · in Appeals, Conditional Fee Agreements, Costs

In  Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) Mr Justice Griffiths dismissed a solicitor’s appeal against a decision that he was not able to recover costs from a client after a conditional fee agreement had been terminated….

RELIEF FROM SANCTIONS: CANDOUR FROM THE APPLICANT AND NO EVIDENCE FROM THE DEFENDANT TO PROVE PREJUDICE

RELIEF FROM SANCTIONS: CANDOUR FROM THE APPLICANT AND NO EVIDENCE FROM THE DEFENDANT TO PROVE PREJUDICE

November 4, 2019 · by gexall · in Applications, Civil Procedure, Costs, Relief from sanctions

There is a report of a case where relief from sanctions was granted in Anglia Autoflow North America LLC and Another v Anglia Autoflow Ltd [2019] Costs LR 155. One thing that marks this case is the total candour from the…

CONDITIONAL FEE AGREEMENT IS ENFORCEABLE AFTER DEATH: HIGH COURT JUDGMENT TODAY

CONDITIONAL FEE AGREEMENT IS ENFORCEABLE AFTER DEATH: HIGH COURT JUDGMENT TODAY

October 24, 2019 · by gexall · in Appeals, Case Management, Civil Procedure, Conditional Fee Agreements, Costs

In Higgins & Co Lawyers Ltd -v- Evans [2019] EWHC 2809 (QB) Mr Justice Pushpinder Saini overturned a decision that a conditional fee agreement was not enforceable after death. THE CASE The deceased had signed a CFA agreement with the…

PROVING THINGS 150: CLAIMANT FAILS TO ESTABLISH THAT THE MOVE FROM LEGAL AID TO CONDITIONAL FEE AGREEMENT WAS A REASONABLE STEP

PROVING THINGS 150: CLAIMANT FAILS TO ESTABLISH THAT THE MOVE FROM LEGAL AID TO CONDITIONAL FEE AGREEMENT WAS A REASONABLE STEP

May 23, 2019 · by gexall · in Applications, Assessment of Costs, Costs, Experts

In YZ v Gloucestershire Hospitals NHS Foundation Trust [2019] EWHC B4 (Costs) Master Gordon-Saker found that the claimant had not established good grounds for changing from legal aid to a conditional fee agreement.   Although this is a costs issue, it…

TERMINATING A CFA WITH GOOD REASON: NO NEED FOR SOLICITORS TO WAIT FOR GODOT: ADVICE ABOUT "SETTLEMENT" COVERS THE MAKING OF AN OFFER

TERMINATING A CFA WITH GOOD REASON: NO NEED FOR SOLICITORS TO WAIT FOR GODOT: ADVICE ABOUT “SETTLEMENT” COVERS THE MAKING OF AN OFFER

March 7, 2019 · by gexall · in Appeals, Conditional Fee Agreements, Costs

In Butler v Bankside Commercial Ltd [2019] EWHC 510 (QB) Mr Justice Turner upheld a decision of Master Yoxall holding that a client was liable to pay their solicitor’s costs after a conditional fee agreement came to an end when the…

CONDITIONAL FEE AGREEMENT DID NOT CONTINUE AFTER A SOLICITOR HAD CEASED TO ACT: DEFENDANT NOT LIABLE TO PAY COSTS TO FIRST SET OF SOLICITORS

CONDITIONAL FEE AGREEMENT DID NOT CONTINUE AFTER A SOLICITOR HAD CEASED TO ACT: DEFENDANT NOT LIABLE TO PAY COSTS TO FIRST SET OF SOLICITORS

February 6, 2019 · by gexall · in Appeals, Conditional Fee Agreements, Costs

I am grateful to Matthew Hoe from Taylor Rose TTKW for sending me a copy of the decision of HHJ Wulwik in Roman -v- AXA Insurance PLC (13/12/2018).   Roman v AXA Insurance [2018] (1) The judge found that a CFA with…

THE ASSIGNMENT  (OR NOVATION) OF CFAS: BOXING PROMOTER'S APPEAL SUFFERS KNOCKOUT BLOW BEFORE A PUNCH WAS THROWN

THE ASSIGNMENT (OR NOVATION) OF CFAS: BOXING PROMOTER’S APPEAL SUFFERS KNOCKOUT BLOW BEFORE A PUNCH WAS THROWN

December 4, 2018 · by gexall · in Appeals, Civil Procedure, Conditional Fee Agreements, Costs

In Warren v Hill Dickinson LLP [2018] EWHC 3322 (QB) the proposed appellant did not get permission to appeal against a decision that an assigned (or novated) CFA remained valid. THE CASE The claimant argued that conditional fee agreements he had…

WHEN LITIGATION LAWYERS SPLIT UP: THE FALL OUT CONTINUES: A SPLIT TRIAL WAS FAR FROM WISE...

WHEN LITIGATION LAWYERS SPLIT UP: THE FALL OUT CONTINUES: A SPLIT TRIAL WAS FAR FROM WISE…

July 19, 2018 · by gexall · in Appeals, Case Management, Civil Procedure, Conditional Fee Agreements, Costs

In  FPH Law (a firm) v Brown (t/a Integrum Law) [2018] EWCA Civ 1629 the Court of Appeal dismissed the defendant’s appeal against a finding on a preliminary issue. There was a potential cause of action between two firms of solicitors…

CFA IS STILL VALID EVEN IF IT NAMES THE WRONG DEFENDANT: COURT OF APPEAL DECISION

CFA IS STILL VALID EVEN IF IT NAMES THE WRONG DEFENDANT: COURT OF APPEAL DECISION

June 19, 2018 · by gexall · in Appeals, Conditional Fee Agreements, Costs

In  Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 the Court of Appeal held that a Conditional Fee Agreement was valid even though it named the wrong defendant.  The judgment contains important observations on how conditional fee agreements should…

LIEN, THE SOLICITOR AND THE INSURER: NO SAFE HAVEN FOR DEFENDANTS

LIEN, THE SOLICITOR AND THE INSURER: NO SAFE HAVEN FOR DEFENDANTS

April 18, 2018 · by gexall · in Abuse of Process, Access to justice, Appeals, Costs

The judgment of the Supreme Court this morning in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd [2018] UKSC 21. It confirms that solicitors are entitled to costs in cases where the defendant’s insurer, knowing of the solicitor’s involvement,  settled…

THE TIME FOR CHALLENGING A BILL HAS PROBABLY LONG GONE: AN IMPORTANT FACTOR IN REFUSING AN APPLICATION FOR DELIVERY UP

THE TIME FOR CHALLENGING A BILL HAS PROBABLY LONG GONE: AN IMPORTANT FACTOR IN REFUSING AN APPLICATION FOR DELIVERY UP

March 26, 2018 · by gexall · in Applications, Assessment of Costs, Conditional Fee Agreements, Costs

There is a battle (or a series of skirmishes) going on at present in relation to solicitors charging success fees to their clients in personal injury cases. This has led to numerous applications to the courts for disclosure.  The former…

ROUND ONE: WHAT IS A"WIN" UNDER A CFA?  ROUND TWO: THE ASSIGNMENT OF CFAS: FORMER CLIENT DOES NOT SCORE A KNOCKOUT BLOW

ROUND ONE: WHAT IS A”WIN” UNDER A CFA? ROUND TWO: THE ASSIGNMENT OF CFAS: FORMER CLIENT DOES NOT SCORE A KNOCKOUT BLOW

March 26, 2018 · by gexall · in Conditional Fee Agreements, Costs

In Warren v Hill Dickinson LLP [2018] EWHC B6 (Costs) Master Leonard considered what was meant by the term “win” in a conditional fee agreement.  He also considered whether a CFA was properly assigned.  The former client (the claimant in this…

WANT TO WORK HARD, WIN AND STILL NOT GET PAID II? LAWYERS COME TO GRIEF IN THE COURT OF APPEAL: REVIEW YOUR RETAINER CAREFULLY

WANT TO WORK HARD, WIN AND STILL NOT GET PAID II? LAWYERS COME TO GRIEF IN THE COURT OF APPEAL: REVIEW YOUR RETAINER CAREFULLY

February 7, 2018 · by gexall · in Appeals, Conditional Fee Agreements, Costs

In Radford & Anor v Frade & Ors [2018] EWCA Civ 119 the Court of Appeal upheld the early decisions that lawyers, who worked outside the terms of their retainer under a CFA, could not recover costs from the unsuccessful party….

WHEN A PARTY CHANGES ITS FUNDING ARRANGEMENTS PART WAY THROUGH: A CHANGE FROM DBA TO CFA DID NOT PREVENT THE CLAIMANT RECOVERING FULL COSTS

WHEN A PARTY CHANGES ITS FUNDING ARRANGEMENTS PART WAY THROUGH: A CHANGE FROM DBA TO CFA DID NOT PREVENT THE CLAIMANT RECOVERING FULL COSTS

January 17, 2018 · by gexall · in Conditional Fee Agreements, Costs

The decision of Master James in Dial Partners LLP & Anor v Eastern Airways International Ltd & Ors [2018] EWHC B1 (Costs) raises an interesting set of issues when a party changes the basis of its funding part-way through a case,…

ASSIGNMENT OF CFAs: IT CAN BE DONE

ASSIGNMENT OF CFAs: IT CAN BE DONE

December 7, 2017 · by gexall · in Access to justice, Appeals, Conditional Fee Agreements, Costs

In  Budana v The Leeds Teaching Hospitals NHS Trust & Anor [2017] EWCA Civ 1980 the Court of Appeal decided that a CFA can be assigned from one solicitor to another. THE CASE The claimant was injured. She entered into a…

"YOU ARE ONLY HERE BECAUSE YOU HAVE A CFA": THERE IS NOT MUCH USE IN ATTACKING THE SOURCE OF YOUR OPPONENT'S FUNDING

“YOU ARE ONLY HERE BECAUSE YOU HAVE A CFA”: THERE IS NOT MUCH USE IN ATTACKING THE SOURCE OF YOUR OPPONENT’S FUNDING

October 20, 2017 · by gexall · in Access to justice, Conditional Fee Agreements, Costs

In an earlier post we looked the judge’s views in relation to witness credibility in Riva Properties Ltd & Ors v Foster + Partners Ltd [2017] EWHC 2574 (TCC). Here we look at the judge’s view on the defendant’s attack on the…

GET £15,000 FOR YOUR COSTS PAY £20,000 IN COSTS: CONDITIONAL FEE AGREEMENT UNFAIR AND UNREASONABLE AND WAS SET ASIDE

GET £15,000 FOR YOUR COSTS PAY £20,000 IN COSTS: CONDITIONAL FEE AGREEMENT UNFAIR AND UNREASONABLE AND WAS SET ASIDE

June 19, 2017 · by gexall · in Conditional Fee Agreements, Conduct, Costs

In Vilvarajah -v- West London Law Limited [2017] EWHC B23 (Costs) Master Gordon Saker declared a conditional fee agreement unreasonable and set it aside. The history and circumstances of this action make for interesting reading. “There is no correspondence between…

CHANGING FROM LEGAL AID TO CFA: THE COURT OF APPEAL DECISION

CHANGING FROM LEGAL AID TO CFA: THE COURT OF APPEAL DECISION

May 25, 2017 · by gexall · in Costs

This blog has followed the cases that arose out of decisions to switch from public funding to legal aid. In Hyde -v- Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399 the Court of Appeal has given a judgment that…

BE CAREFUL WHAT YOU WRITE: THE SUPREME COURT MAY READ IT ONE DAY (AND IT MAY END UP ON A BLOG SOMEWHERE...)

BE CAREFUL WHAT YOU WRITE: THE SUPREME COURT MAY READ IT ONE DAY (AND IT MAY END UP ON A BLOG SOMEWHERE…)

April 14, 2017 · by gexall · in Appeals, Conduct

There has already been some interesting debate on Twitter about one aspect of the Supreme Court decision in Times -v- Flood [2017] UKSC 33 that has not made the headlines.   Dominic Regan observed that the case is another example…

HOURLY RATES, SUCCESS FEES, RELIEF FROM SANCTIONS – ALL IN ONE CASE

November 10, 2016 · by gexall · in Applications, Assessment of Costs, Relief from sanctions, Uncategorized

There is a great deal of material covered in the judgment of Master Gordon-Saker in Various Claimants -v- MGN Limited [2016] EWHC B29 (Costs). THE CASE The court was determining various preliminary issues in relation to costs in the “phone…

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