Radford & Anor v Frade & Ors

Radford & Anor v Frade & Ors

The CFA between the defendants and their solicitors was limited in scope to procedural applications identified at the time of agreement and did not extend to later substantive applications or the defence of the claim. Upon entering the CFA, the prior retainer was superseded and no enforceable implied retainer existed for work outside the CFA. Counsel's fees are not recoverable for work done after the CFA ended or for corporate defendants not named in the CFA, and a retrospective deed of variation cannot increase recoverable costs after the costs order.

Parties
Claimant/respondent: Michael Radford; Claimant/respondent: The Michael Radford Partnership; Defendant/appellant: Alejendra Frade; Defendant/appellant: Bruce St Clair; Defendant/appellant: Gheko Films SL; Defendant/appellant: Gheko Films Sur SL
Jurisdiction
England and Wales
Judgment Date
08 July 2016
Procedural Posture
Appeal / Judgment on Appeal From Senior Courts Costs Office (detailed Assessment of Costs)
Outcome
Appeals dismissed
Legal Topics
Conditional Fee Agreements, Solicitor Client Retainer, Costs Assessment, Interpretation of Contracts, Indemnity Principle
Civil Procedure Costs Law Contract Law Conditional Fee Agreements Solicitor Client Retainer Costs Assessment Interpretation of Contracts Indemnity Principle

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Parties

Michael Radford

Claimant/respondent

The Michael Radford Partnership

Claimant/respondent

Alejendra Frade

Defendant/appellant

Bruce St Clair

Defendant/appellant

Gheko Films SL

Defendant/appellant

Gheko Films Sur SL

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Senior Courts Costs Office (detailed Assessment of Costs)

Legal Issues

  1. 1 Proper construction and scope of the solicitors' conditional fee agreement (CFA)
  2. 2 Whether the CFA superseded the prior retainer and if any implied retainer existed for work outside the CFA
  3. 3 Recoverability of counsel's fees after the CFA ended and for corporate defendants not named in the CFA

Ratio Decidendi

The CFA between the defendants and their solicitors was limited in scope to procedural applications identified at the time of agreement and did not extend to later substantive applications or the defence of the claim. Upon entering the CFA, the prior retainer was superseded and no enforceable implied retainer existed for work outside the CFA. Counsel's fees are not recoverable for work done after the CFA ended or for corporate defendants not named in the CFA, and a retrospective deed of variation cannot increase recoverable costs after the costs order.

Court Disposition

Appeals dismissed

Orders

  • Solicitors' Costs Appeal dismissed
  • Counsel's Fees Appeal dismissed