Ghising v Secretary of State for the Home Department [2015] EWHC 3706 (QB) (17 December 2015)

Ghising v Secretary of State for the Home Department [2015] EWHC 3706 (QB) (17 December 2015)

The Master was wrong to conclude that the risk assessment at the time of entering the CFA was materially different from that at earlier dates, and there was no evidential basis for denying retrospective recovery of the success fee. The appeal is allowed on the point of principle that a retrospective success fee is recoverable in these circumstances.

Citation
[2015] EWHC 3706
Parties
Claimant/appellant: Roshan Ghising; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Appeal From Costs Assessment / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Conditional Fee Agreements, Retrospective Success Fees, Costs Assessment, Legal Aid
Civil Procedure Costs Conditional Fee Agreements Retrospective Success Fees Costs Assessment Legal Aid

Case Brief

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Parties

Roshan Ghising

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Costs Assessment / Appeal Judgment

Legal Issues

  1. 1 Whether a retrospective success fee under a CFA can be recovered for work done prior to the date of the CFA
  2. 2 Whether the risk assessment for the success fee was materially different at the time of entering the CFA compared to earlier dates
  3. 3 Whether late notification of the CFA prejudiced the paying party

Ratio Decidendi

The Master was wrong to conclude that the risk assessment at the time of entering the CFA was materially different from that at earlier dates, and there was no evidential basis for denying retrospective recovery of the success fee. The appeal is allowed on the point of principle that a retrospective success fee is recoverable in these circumstances.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed on the point of principle regarding retrospective success fees under the CFA.
  • Further detailed assessment of costs to be conducted on the papers, with parties to agree an order and timescale for written submissions.