Halloran v Delaney [2002] EWCA Civ 1258 (6 September 2002)

Halloran v Delaney [2002] EWCA Civ 1258 (6 September 2002)

The Law Society Model CFA, properly construed, covers costs only proceedings, and a success fee is in principle recoverable on the costs of such proceedings. Given the uncertainties in the law at the time the CFA was entered into, the district judge did not err in allowing a 20% uplift as a success fee. For CFAs entered into after 1 August 2001, a 5% uplift should ordinarily be allowed in similar cases.

Citation
[2002] EWCA Civ 1258
Parties
Claimant/respondent: Thomas Halloran; Defendant/appellant: James Francis Delaney
Jurisdiction
England and Wales
Judgment Date
06 September 2002
Procedural Posture
Appeal / First Appeal From Liverpool County Court Decision on Costs in Part 8 'costs Only' Proceedings
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Success Fees, Costs Only Proceedings, Summary Assessment of Costs
Civil Procedure Costs Conditional Fee Agreements Success Fees Costs Only Proceedings Summary Assessment of Costs

Case Brief

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Parties

Thomas Halloran

Claimant/respondent

James Francis Delaney

Defendant/appellant

Procedural Posture

Appeal / First Appeal From Liverpool County Court Decision on Costs in Part 8 'costs Only' Proceedings

Legal Issues

  1. 1 Whether a success fee is recoverable on the costs of costs only proceedings under a Conditional Fee Agreement (CFA)
  2. 2 Whether the Law Society Model CFA covers costs only proceedings
  3. 3 Whether a 20% uplift as a success fee is reasonable in the circumstances

Ratio Decidendi

The Law Society Model CFA, properly construed, covers costs only proceedings, and a success fee is in principle recoverable on the costs of such proceedings. Given the uncertainties in the law at the time the CFA was entered into, the district judge did not err in allowing a 20% uplift as a success fee. For CFAs entered into after 1 August 2001, a 5% uplift should ordinarily be allowed in similar cases.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order for costs in the sum of £1,298.24 stands.