Thornley v Lang

Thornley v Lang

The claimant, by acquiescing to the union's instruction of solicitors and receiving a client care letter confirming liability, became liable for the solicitors' costs under the CCFA. The CCFA, presumed valid and compliant with its own regulations, is not subject to the CFA Regulations 2000. Therefore, the claimant can recover the success fee as part of costs without infringing the indemnity principle.

Parties
Claimant/respondent: Stanley Thornley; Defendant/appellant: Patrick Lang
Jurisdiction
England and Wales
Judgment Date
29 October 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Indemnity Principle, Success Fees, Third Party Funding
Civil Procedure Costs Conditional Fee Agreements Indemnity Principle Success Fees Third Party Funding

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Stanley Thornley

Claimant/respondent

Patrick Lang

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a claimant can recover a success fee under a collective conditional fee agreement (CCFA) funded by a trade union without infringing the indemnity principle
  2. 2 Whether the CCFA must comply with the Conditional Fee Agreements Regulations 2000 for costs to be recoverable

Ratio Decidendi

The claimant, by acquiescing to the union's instruction of solicitors and receiving a client care letter confirming liability, became liable for the solicitors' costs under the CCFA. The CCFA, presumed valid and compliant with its own regulations, is not subject to the CFA Regulations 2000. Therefore, the claimant can recover the success fee as part of costs without infringing the indemnity principle.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled to recover costs including the 20% success fee