Source: All England Reporter
Publisher Citation: [2003] All ER (D) 311 (May)
Neutral Citation: [2003] EWCA Civ 718
Court: Court of Appeal, Civil Division
Judge:

Brooke, Hale and Arden LJJ

Representation Richard Drabble QC and David Holland (instructed by Gruber Garratt) for the appellants in the first appeal, and for the Law Society as intervenor in all the appeals.
  Ian McLaren QC and Andrew Hogan (instructed by DLA) for the respondents in the first and second appeals.
  Guy Mansfield QC and Nicholas Bacon (instructed by Colemans-CTTS) for the appellant in the second appeal.
  Ian McLaren QC and Andrew Hogan (instructed by DLA) for the appellants in the third, fourth and fifth appeals.
  Guy Mansfield QC and Nicholas Bacon (instructed by Amelans) for the respondent in the third appeal.
  Jonathan Dingle (instructed by the Stokes Partnership) for the respondent in the fourth appeal.
  Nicholas Bacon (instructed by Irvings) for the respondent in the fifth appeal.
  Ian Burnett QC, Deborah Taylor and Benjamin Williams (instructed by Beachcroft Wansbroughs, Carters & Vizards Wyeth) for the appellants in the sixth appeal.
  Timothy Charlton QC and Nicholas Bacon (instructed by Rowe Cohen) for the respondents in the sixth appeal.
Judgment Dates: 22 May 2003

Catchwords

Costs - Order for costs - Conditional fee agreement - Receiving party relying on conditional fee agreement - Receiving party to be put to his election whether to disclose agreement to paying party or to prove entitlement to costs by other means - Guidance to costs judges where paying party alleges agreement unenforceable because of breach of statutory provisions - s 58 - Conditional Fees Agreements Regulations 2000.

The Case

It should become normal practice for a conditional fee agreement to be disclosed for the purposes of costs proceedings in which a success fee was claimed.

Practice Areas

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