Tag Archives: Conditional Fee Agreements

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

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 hacking” litigation. HOURLY RATES The Master found that a higher hourly rate was justified because […]

ANOTHER ROUND IN THE CFA ASSIGNMENT BATTLE: CFA CAN BE ASSIGNED

In Azim -v- Tradwise Insurance Services Limited [2016] EWHC B20 (Costs) Master Leonard found that a conditional fee agreement could properly be assigned. KEY POINTS An assignment of a CFA between solicitors was valid. The validity of an assignment did not depend on there being an ongoing relationship of trust between the client and the […]

WANT TO WORK HARD, WIN AND STILL NOT GET PAID? WHEN THE CFAS DID NOT COVER THE COSTS: BAD NEWS FOR SOLICITORS AND COUNSEL

The judgment today of Mr Justice Warby in Radford -v- Frade [2016] EWHC 1600 (QB) contains an important warning in relation to the construction of CFAs both for solicitors and counsel. KEY POINTS A solicitor entered into a CFA with clients which limited the scope of the work to be done to arguing points in […]

SWITCHING FROM LEGAL AID TO CFA: THE SUCCESSFUL APPEAL

The saga relating to the assessment of costs where a claimant changed from public funding to a conditional fee agreement has been dealt with many times on this blog*.  All of these issues are now dealt with in the judgment of Mr Justice Foskett in Surrey -v- Barnet and Chase Farm Hospitals NHS Trust. [2016] EWHC […]

ASSIGNMENT OF CFAS: ROUND 2: ASSIGNMENT CAN TAKE PLACE

In the judgment today in Jones -v- Spire Healthcare Ltd His Honour Graham Wood QC had to determine the issue of whether a CFA can be assigned. The full judgment is an attachment to this post and is available here  Jones-v-Spire-Healthcare-Limited-Judgment-of-HH-Judge-Wood-QC. The judge decided that a CFA had a sufficient degree of certainty so as […]

MOVING FROM PUBLIC FUNDING TO CFA: NOT A REASONABLE STEP IN THIS CASE

NB see the appeals related to these issues discussed here This blog has already reviewed several of the cases where the courts have considered the reasonableness of moving from public funding to a conditional fee agreement.  The issue is significant because the reasonableness of the decision determines, to a large extent, whether the defendant is […]

THE SOLICITOR, THE LIQUIDATOR AND THE CFA: STEVENSDRAKE THE JUDGMENT AT TRIAL

In Stevensdrake -v- Hunt [2016] EWHC 342 (Ch) His Honour Judge Simon Barker QC (sitting as a judge of the High Court) decided that, despite the clear wording of a conditional fee agreement,  the defendant was not personally liable to pay costs to a solicitor.  The agreement, in reality, was that the solicitor would only […]