| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 16 (Aug) |
| Neutral Citation: | [2005] EWHC 1771 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Gray J |
| Representation | Jeremy Morgan QC (instructed by Thompsons) for the claimant. |
| Ian McLaren QC (instructed by Langleys) for the defendant. | |
| Judgment Dates: | 3 August 2005 |
Catchwords
Contract - Variation - Incorporation of terms - Claimant's union retaining solicitors for claimant - Claimant and solicitors signing collective conditional fee agreement - Solicitors subsequently informing claimant of agreement by letter - Whether letter effective to vary initial retainer - Whether costs order in claimant's favour in breach of indemnity principle.
The Case
On the defendant's appeal against a decision of the costs judge that the claimant had been entitled to claim a success fee from a certain date, and that there had been no breach of the indemnity principle, the court dismissed the appeal, taking the view that there had been a subsequent variation in the solicitor's retainer, with the effect that the terms of the relevant collective conditional fee arrangement had been incorporated, entitling the claimant to claim a success fee. It further decided that the costs order in favour of the claimant had not offended the indemnity principle.
Practice Areas
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