Vinayak & Anor (t/a Doctors Chambers) v Lovegrove & Eliot (a firm) [2007] EWHC 90096 (Costs) (10 July 2007)

Vinayak & Anor (t/a Doctors Chambers) v Lovegrove & Eliot (a firm) [2007] EWHC 90096 (Costs) (10 July 2007)

The court has no power to order disclosure of the CFAs to the defendant, but the defendant has raised a genuine issue justifying production of both CFAs to the court under section 40.14 CPD for the court's examination. If, after review, the court considers there is a case to answer, the claimants will be put to their election to disclose the CFAs or rely on other evidence.

Citation
[2007] EWHC 90096 (Costs)
Parties
Claimant/respondent: Bippon Vinayak; Claimant/respondent: Anne King (T/A Doctors Chambers); Defendant/applicant: Lovegrove & Eliot (A Firm)
Jurisdiction
England and Wales
Judgment Date
10 July 2007
Procedural Posture
Costs Application in Professional Negligence Proceedings / Application for Disclosure of Conditional Fee Agreements (cfas) Prior to Detailed Assessment of Costs
Outcome
Application for disclosure to the defendant refused; order for production of CFAs to the court under section 40.14 CPD granted; costs reserved.
Legal Topics
Conditional Fee Agreements, Disclosure, Privilege, Detailed Assessment, Success Fees
Civil Procedure Costs Conditional Fee Agreements Disclosure Privilege Detailed Assessment Success Fees

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Parties

Bippon Vinayak

Claimant/respondent

Anne King (T/A Doctors Chambers)

Claimant/respondent

Lovegrove & Eliot (A Firm)

Defendant/applicant

Procedural Posture

Costs Application in Professional Negligence Proceedings / Application for Disclosure of Conditional Fee Agreements (cfas) Prior to Detailed Assessment of Costs

Legal Issues

  1. 1 Whether the court has power to order disclosure of CFAs to the paying party prior to detailed assessment
  2. 2 Whether the circumstances justify production of CFAs to the court under section 40.14 Costs Practice Direction

Ratio Decidendi

The court has no power to order disclosure of the CFAs to the defendant, but the defendant has raised a genuine issue justifying production of both CFAs to the court under section 40.14 CPD for the court's examination. If, after review, the court considers there is a case to answer, the claimants will be put to their election to disclose the CFAs or rely on other evidence.

Court Disposition

Application for disclosure to the defendant refused; order for production of CFAs to the court under section 40.14 CPD granted; costs reserved.

Orders

  • Both BBK's and counsel's CFAs to be produced to the court (not served on the defendant) by 5 July 2007 under section 40.14 CPD.
  • Costs reserved.