Gloucestershire County Council v Evans & Ors

Gloucestershire County Council v Evans & Ors

The lawfulness of the percentage increase (success fee) is measured by reference to the fees that would have been payable if the agreement were not a conditional fee agreement (i.e., the basic charges of £145 per hour), not by reference to the 'costs at risk' or the difference between basic and discounted charges. The Agreement did not breach section 58(4)(c).

Parties
Claimant/respondent: Gloucestershire County Council; Defendants/appellants: Evans & Ors
Jurisdiction
England and Wales
Judgment Date
31 January 2008
Procedural Posture
Civil Appeal / Appeal From High Court (costs Assessment)
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Success Fees, Interpretation of Section 58 Courts and Legal Services Act 1990
Civil Procedure Costs Law Conditional Fee Agreements Success Fees Interpretation of Section 58 Courts and Legal Services Act 1990

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Parties

Gloucestershire County Council

Claimant/respondent

Evans & Ors

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From High Court (costs Assessment)

Legal Issues

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

Ratio Decidendi

The lawfulness of the percentage increase (success fee) is measured by reference to the fees that would have been payable if the agreement were not a conditional fee agreement (i.e., the basic charges of £145 per hour), not by reference to the 'costs at risk' or the difference between basic and discounted charges. The Agreement did not breach section 58(4)(c).

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.