Birmingham City Council v Crook & Ors [2007] EWHC 1415 (QB) (19 June 2007)

The CFA was enforceable as it did not provide for a success fee but a discount from normal fees; advice given to claimants regarding public funding and costs protection was reasonable and compliant; any error regarding Legal Help costs was not material; the CBA was academic as the CFA was enforceable.

Citation: [2007] EWHC 1415
Parties: Appellant/defendant: Birmingham City Council; Respondents/claimants: Ricky and Jennifer Crook (and 9 others)
Jurisdiction: England and Wales
Judgment Date: 19 June 2007
Procedural Posture: Appeal / Judgment on Appeal From Costs Judge
Outcome: Appeal dismissed
Legal Topics: Conditional Fee Agreements, Public Funding, Solicitors' Obligations, Contentious Business Agreements, Housing Disrepair Claims

Civil Procedure Costs Housing Law Conditional Fee Agreements Public Funding Solicitors' Obligations Contentious Business Agreements Housing Disrepair Claims

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2

Parties

Birmingham City Council

Appellant/defendant

Ricky and Jennifer Crook (and 9 others)

Respondents/claimants

Procedural Posture

Appeal / Judgment on Appeal From Costs Judge

Legal Issues

1 Enforceability of Conditional Fee Agreement (CFA)
2 Compliance with Conditional Fee Agreements Regulations 2000
3 Adequacy of advice regarding public funding and costs protection

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Decision of Master Campbell re-affirmed
No change to costs liability