Gloucestershire County Council v Evans & Ors [2008] EWCA Civ 21 (31 January 2008)

Gloucestershire County Council v Evans & Ors [2008] EWCA Civ 21 (31 January 2008)

The Agreement's success fee of 100% applied to the basic charges of £145 per hour did not breach section 58(4)(c) of the Courts and Legal Services Act 1990. The statutory language requires the percentage increase to be measured against the basic charges, not the costs at risk or the difference between full and discounted rates.

Citation
[2008] EWCA Civ 21
Parties
Claimant/respondent: Gloucestershire County Council; Defendants/appellants: Evans & Ors
Jurisdiction
England and Wales
Judgment Date
31 January 2008
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Success Fees, Enforceability of Agreements
Civil Procedure Costs Conditional Fee Agreements Success Fees Enforceability of Agreements

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Parties

Gloucestershire County Council

Claimant/respondent

Evans & Ors

Defendants/appellants

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the collective conditional fee agreement complied with section 58 of the Courts and Legal Services Act 1990
  2. 2 Whether the success fee exceeded the statutory maximum and rendered the agreement unenforceable

Ratio Decidendi

The Agreement's success fee of 100% applied to the basic charges of £145 per hour did not breach section 58(4)(c) of the Courts and Legal Services Act 1990. The statutory language requires the percentage increase to be measured against the basic charges, not the costs at risk or the difference between full and discounted rates.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.