Walker & Ors v Burton & Anor

Walker & Ors v Burton & Anor

The Deputy Adjudicator erred in apportioning costs between CFA and non-CFA clients where only the CFA clients were contractually liable for the solicitors' fees; there was no breach of the indemnity principle and no basis for apportionment. The success fee under the CFA was recoverable as part of the costs, and the quantification of a 60% uplift was within the permissible range of judicial discretion.

Parties
Appellant (case 0394), Respondent (case 0424): Eric Charles Walker; Appellant (case 0394), Respondent (case 0424): Carole Ann Scott; Appellant (case 0394), Respondent (case 0424): Christopher Balchin; Respondent (case 0394), Appellant (case 0424): Peter Charles Burton; Respondent (case 0394), Appellant (case 0424): Susan Anne Burton (formerly Bamford); Respondent (case 0424): Angela Walker; Respondent (case 0424): The estate of Elizabeth Chamberlin (represented by Carole Ann Scott); Respondent (case 0424): Edward Mills
Jurisdiction
England and Wales
Judgment Date
19 April 2013
Procedural Posture
Cross Appeals From Costs Assessment in Land Registration Proceedings / Appeal From Deputy Adjudicator's Costs Assessment
Outcome
Appeal allowed in part, cross-appeal dismissed
Legal Topics
Apportionment of Costs, Conditional Fee Agreements (cfas), Indemnity Principle, Recoverability of Success Fees, Party and Party Costs, Retainer Agreements
Civil Procedure Costs Law Land Law Apportionment of Costs Conditional Fee Agreements (cfas) Indemnity Principle Recoverability of Success Fees Party and Party Costs +1 more

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Parties

Eric Charles Walker

Appellant (case 0394), Respondent (case 0424)

Carole Ann Scott

Appellant (case 0394), Respondent (case 0424)

Christopher Balchin

Appellant (case 0394), Respondent (case 0424)

Peter Charles Burton

Respondent (case 0394), Appellant (case 0424)

Susan Anne Burton (formerly Bamford)

Respondent (case 0394), Appellant (case 0424)

Angela Walker

Respondent (case 0424)

The estate of Elizabeth Chamberlin (represented by Carole Ann Scott)

Respondent (case 0424)

Edward Mills

Respondent (case 0424)

Procedural Posture

Cross Appeals From Costs Assessment in Land Registration Proceedings / Appeal From Deputy Adjudicator's Costs Assessment

Legal Issues

  1. 1 Whether the Deputy Adjudicator erred in apportioning costs between CFA and non-CFA clients
  2. 2 Whether a success fee under a CFA is recoverable absent an express order for additional liabilities
  3. 3 What is the proper quantification of a recoverable success fee

Ratio Decidendi

The Deputy Adjudicator erred in apportioning costs between CFA and non-CFA clients where only the CFA clients were contractually liable for the solicitors' fees; there was no breach of the indemnity principle and no basis for apportionment. The success fee under the CFA was recoverable as part of the costs, and the quantification of a 60% uplift was within the permissible range of judicial discretion.

Court Disposition

Appeal allowed in part, cross-appeal dismissed

Orders

  • Deputy Adjudicator's apportionment of costs set aside; CFA clients entitled to recover full costs for which they are liable.
  • Success fee recoverable and quantified at 60% uplift over base costs.