| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 400 (May) |
| Neutral Citation: | [2006] EWHC 1242 (Ch) |
| Court: | Chancery Division |
| Judge: | Mann J |
| Representation | Benet Brandreth (instructed by Field Fisher Waterhouse) for the claimant. |
| Charlotte May (instructed by DLA Piper Rudnick Gray Cary) for the defendants. | |
| Judgment Dates: | 26 May 2006 |
Catchwords
Costs - Conditional fee agreement - Order for costs - Claimant bringing action for passing off - Claimant entering into conditional fee agreement without after the event insurance - Defendant seeking costs-capping order against the claimant - Whether order should be granted.
The Case
By itself, a conditional fee agreement with a large mark up and with no after the event insurance cover was not enough to justify costs-capping at that stage. Applying existing authority, in order to justify a costs-capping order it was necessary to go further and establish: (1) the risk of excessive or extravagant expenditure and; (2) that such risk of expenditure could not be controlled by case management techniques or post-trial detailed assessments.
Practice Areas
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