Thornley v Lang [2003] EWCA Civ 1484 (29 October 2003)

Thornley v Lang [2003] EWCA Civ 1484 (29 October 2003)

A claimant represented under a valid CCFA arranged by a trade union is liable to pay his solicitors on the agreed terms, including a success fee, and may recover such costs from the defendant without infringing the indemnity principle. The CCFA is not subject to the CFA Regulations, and the claimant's liability arises either by authority or ratification of the union's agreement with the solicitors.

Citation
[2003] EWCA Civ 1484
Parties
Claimant/respondent: Stanley Thornley; Defendant/appellant: Patrick Lang
Jurisdiction
England and Wales
Judgment Date
29 October 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Success Fees, Indemnity Principle, Collective Conditional Fee Agreements, Legal Funding
Civil Procedure Costs Conditional Fee Agreements Success Fees Indemnity Principle Collective Conditional Fee Agreements Legal Funding

Case Brief

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Parties

Stanley Thornley

Claimant/respondent

Patrick Lang

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal

Legal Issues

  1. 1 Whether a claimant represented under a trade union's collective conditional fee agreement (CCFA) can recover a success fee as part of costs from the defendant.
  2. 2 Whether the indemnity principle or statutory requirements bar recovery of the success fee.

Ratio Decidendi

A claimant represented under a valid CCFA arranged by a trade union is liable to pay his solicitors on the agreed terms, including a success fee, and may recover such costs from the defendant without infringing the indemnity principle. The CCFA is not subject to the CFA Regulations, and the claimant's liability arises either by authority or ratification of the union's agreement with the solicitors.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled to recover costs including 20% success fee from defendant