Jones v Caradon Catnic Ltd

Jones v Caradon Catnic Ltd

A CCFA which states a success fee in excess of the statutory maximum (100 per cent) is in clear breach of the Act and Order; such a breach is material as it undermines the administration of justice and renders the agreement unenforceable.

Parties
Claimant: Jones; Defendant/appellant: Caradon Catnic Ltd
Jurisdiction
England and Wales
Judgment Date
08 December 2005
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; CCFA declared unenforceable.
Legal Topics
Conditional Fee Agreements, Success Fee Limits, Enforceability of CCFA, Material Breach, Administration of Justice
Civil Procedure Costs Law Conditional Fee Agreements Success Fee Limits Enforceability of CCFA Material Breach Administration of Justice

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Parties

Jones

Claimant

Caradon Catnic Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a collective conditional fee agreement (CCFA) providing for a success fee in excess of the statutory maximum is enforceable
  2. 2 Whether the breach of the statutory maximum success fee is material so as to render the CCFA unenforceable

Ratio Decidendi

A CCFA which states a success fee in excess of the statutory maximum (100 per cent) is in clear breach of the Act and Order; such a breach is material as it undermines the administration of justice and renders the agreement unenforceable.

Court Disposition

Appeal allowed; CCFA declared unenforceable.

Orders

  • Appeal allowed
  • Defendant to pay appellants' costs summarily assessed