Butt v Nizami [2006] EWHC 159 (QB) (09 February 2006)

Butt v Nizami [2006] EWHC 159 (QB) (09 February 2006)

In cases falling under CPR 45 Section II, entitlement to fixed recoverable costs and success fees does not depend on the existence of a valid and enforceable CFA, and the indemnity principle does not apply to the fixed figures recoverable under the rules. The receiving party need only show compliance with the conditions laid down under the rules, not the validity of the retainer.

Citation
[2006] EWHC 159
Parties
Defendant/appellant: Mohammed Butt; Claimant/respondent: Christi Nizami; Claimant/respondent: Cadhar Kamuluden
Jurisdiction
England and Wales
Judgment Date
09 February 2006
Procedural Posture
Appeal / Appeal From Order of Master O'hare Dated 30 June 2005
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Indemnity Principle, Fixed Recoverable Costs, Personal Injury, Road Traffic Accidents
Civil Procedure Costs Conditional Fee Agreements Indemnity Principle Fixed Recoverable Costs Personal Injury Road Traffic Accidents

Case Brief

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Parties

Mohammed Butt

Defendant/appellant

Christi Nizami

Claimant/respondent

Cadhar Kamuluden

Claimant/respondent

Procedural Posture

Appeal / Appeal From Order of Master O'hare Dated 30 June 2005

Legal Issues

  1. 1 Whether entitlement to fixed recoverable costs and success fee under CPR 45 Section II depends on the existence of a valid and enforceable conditional fee agreement (CFA)
  2. 2 Whether the indemnity principle applies to fixed recoverable costs and success fees under CPR 45 Section II

Ratio Decidendi

In cases falling under CPR 45 Section II, entitlement to fixed recoverable costs and success fees does not depend on the existence of a valid and enforceable CFA, and the indemnity principle does not apply to the fixed figures recoverable under the rules. The receiving party need only show compliance with the conditions laid down under the rules, not the validity of the retainer.

Court Disposition

Appeal dismissed

Orders

  • Defendant's appeal in each case dismissed