Ungi v Liverpool City Council [2004] EWCA Civ 1617 (15 November 2004)

Ungi v Liverpool City Council [2004] EWCA Civ 1617 (15 November 2004)

The appeal should proceed because it raises important points of practice regarding the calculation of success fees under conditional fee agreements, and the Court of Appeal should provide guidance on the interrelation of relevant provisions, notwithstanding the new arguments raised by the defendant.

Citation
[2004] EWCA Civ 1617
Parties
Claimant/respondent: Kelly Ungi; Defendant/appellant: Liverpool City Council
Jurisdiction
England and Wales
Judgment Date
15 November 2004
Procedural Posture
Civil Appeal / Application to Set Aside Permission to Appeal; Directions for Substantive Appeal
Outcome
Claimant's application to set aside permission to appeal refused; appeal to proceed with conditions.
Legal Topics
Conditional Fee Agreements, Success Fees, Costs Assessment, Appeal Procedure
Civil Procedure Costs Conditional Fee Agreements Success Fees Costs Assessment Appeal Procedure

Case Brief

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Parties

Kelly Ungi

Claimant/respondent

Liverpool City Council

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Set Aside Permission to Appeal; Directions for Substantive Appeal

Legal Issues

  1. 1 Whether the defendant can raise a new argument on appeal not raised below
  2. 2 Proper approach to assessing success fees under a conditional fee agreement
  3. 3 Interpretation of paragraphs 11.7 and 11.8(2) of the Costs Practice Direction

Ratio Decidendi

The appeal should proceed because it raises important points of practice regarding the calculation of success fees under conditional fee agreements, and the Court of Appeal should provide guidance on the interrelation of relevant provisions, notwithstanding the new arguments raised by the defendant.

Court Disposition

Claimant's application to set aside permission to appeal refused; appeal to proceed with conditions.

Orders

  • Orders for costs in the courts below remain undisturbed.
  • Defendant to pay claimant's costs in the Court of Appeal, limited to solicitor and junior counsel, sum to be agreed or determined by the court.