Source: All England Reporter
Publisher Citation: [2007] All ER (D) 317 (May)
Neutral Citation: [2007] EWHC 1184 (Ch)
Court: Chancery Division
Judge:

Mann J
Representation Nicholas Bacon (instructed by BD Laddie Solicitors) for the defendant.
  Benjamin Williams (instructed by Sprecher Grier Halberstam LLP) for the claimant.
Judgment Dates: 18 May 2007

Catchwords

Costs - Order for costs - Discretion - Claimant liquidator continuing proceedings against defendant - Defendant subsequently accepting claims against him - Claimant entering into agreement with his solicitor in respect of costs - Master making detailed assessment of costs - Master placing limit on what claimant could recover - Master deciding agreement not void contingency fee agreement - Whether master correct as to effect of agreement on parties' costs liabilities.

The Case

Costs Order for costs. The defendant's appeal was dismissed and the claimant's cross-appeal was allowed in circumstances where, in the course of making a detailed assessment of costs, the master had been correct in deciding that the agreement in question did not amount to a void contingency fee agreement, however, the master had been wrong in deciding that the effect of that agreement was to impose limits on what the claimant could recover.

Practice Areas

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