Jones v Caradon Catnic Ltd [2005] EWCA Civ 1821 (08 December 2005)

Jones v Caradon Catnic Ltd [2005] EWCA Civ 1821 (08 December 2005)

The CCFA was unenforceable because it stated a success fee of 120 per cent, exceeding the statutory maximum of 100 per cent, which was a material breach affecting the administration of justice.

Citation
[2005] EWCA Civ 1821
Parties
Defendant/claimant: Jones; Appellants/defendants: Caradon Catnic Ltd
Jurisdiction
England and Wales
Judgment Date
08 December 2005
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Cardiff County Court
Outcome
Appeal allowed; CCFA declared unenforceable.
Legal Topics
Conditional Fee Agreements, Collective Conditional Fee Agreements, Success Fee Limits, Enforceability of Costs Agreements
Civil Procedure Costs Conditional Fee Agreements Collective Conditional Fee Agreements Success Fee Limits Enforceability of Costs Agreements

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Parties

Jones

Defendant/claimant

Caradon Catnic Ltd

Appellants/defendants

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Cardiff County Court

Legal Issues

  1. 1 Whether a CCFA providing for a success fee exceeding the statutory maximum is enforceable
  2. 2 Whether the breach of statutory requirements was material so as to render the CCFA unenforceable

Ratio Decidendi

The CCFA was unenforceable because it stated a success fee of 120 per cent, exceeding the statutory maximum of 100 per cent, which was a material breach affecting the administration of justice.

Court Disposition

Appeal allowed; CCFA declared unenforceable.

Orders

  • Defendant to pay appellants' costs summarily assessed