Jenkins v Young Brothers Transport Ltd

Jenkins v Young Brothers Transport Ltd

The CFA was validly assigned between solicitors, with both benefit and burden transferred, and failure to repeat Regulation 4 information was immaterial as the client was fully protected; thus, the defendant must pay costs to all three firms.

Parties
Claimant/receiving Party: Geoffrey Jenkins; Defendant/paying Party: Young Brothers Transport Ltd
Jurisdiction
England and Wales
Judgment Date
22 June 2005
Procedural Posture
Costs Assessment / Judgment on Preliminary Issue
Outcome
CFA validly assigned; claimant entitled to recover costs from all three firms.
Legal Topics
Conditional Fee Agreements, Assignment of Contracts, Indemnity Principle, Compliance With CFA Regulations
Civil Procedure Costs Conditional Fee Agreements Assignment of Contracts Indemnity Principle Compliance With CFA Regulations

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Parties

Geoffrey Jenkins

Claimant/receiving Party

Young Brothers Transport Ltd

Defendant/paying Party

Procedural Posture

Costs Assessment / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether a conditional fee agreement (CFA) can be validly assigned between solicitors
  2. 2 Whether failure to repeat Regulation 4 information on CFA assignment is material
  3. 3 Whether the indemnity principle is infringed by assignment of CFA

Ratio Decidendi

The CFA was validly assigned between solicitors, with both benefit and burden transferred, and failure to repeat Regulation 4 information was immaterial as the client was fully protected; thus, the defendant must pay costs to all three firms.

Court Disposition

CFA validly assigned; claimant entitled to recover costs from all three firms.

Orders

  • Defendant to pay claimant's costs of the preliminary issue on the standard basis, to be assessed at the conclusion of detailed assessment if not agreed.
  • No indemnity basis costs order granted.