||All England Reporter
|| All ER (D) 16 (Aug)
|| EWHC 1771 (QB)
||Queen's Bench Division
||Jeremy Morgan QC (instructed by Thompsons) for the claimant.
||Ian McLaren QC (instructed by Langleys) for the defendant.
||3 August 2005
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.
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.
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