Ungi v Liverpool City Council

The application to set aside permission to appeal was refused because the case raised important points of practice regarding success fees under conditional fee agreements, warranting appellate guidance. The appeal was allowed to proceed with conditions to ensure fairness and proper management of costs.

Parties: Claimant/respondent: Kelly Ungi; Defendant/appellant: Liverpool City Council
Jurisdiction: England and Wales
Judgment Date: 15 November 2004
Procedural Posture: Civil Appeal / Application to Set Aside Permission to Appeal; Directions for Substantive Appeal
Outcome: Application to set aside permission to appeal refused; appeal to proceed with conditions
Legal Topics: Conditional Fee Agreements, Success Fees, Costs Assessment, Appeals Procedure

Civil Procedure Costs Conditional Fee Agreements Success Fees Costs Assessment Appeals Procedure

Case Brief

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Parties

Kelly Ungi

Claimant/respondent

Liverpool City Council

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Set Aside Permission to Appeal; Directions for Substantive Appeal

Legal Issues

1 Whether the defendant can raise a new argument on appeal not raised below
2 Proper approach to assessment of success fee under a conditional fee agreement
3 Interpretation of paragraphs 11.7 and 11.8(2) of the Costs Practice Direction

Ratio Decidendi

Court Disposition

Application to set aside permission to appeal refused; appeal to proceed with conditions

Orders

Orders for costs in the courts below remain undisturbed
Defendant to pay claimant's costs in the Court of Appeal limited to solicitor and junior counsel, sum to be agreed or determined by the court