Beckham & Anor v First News Ltd [2006] EWHC 90063 (Costs) (08 November 2006)

Beckham & Anor v First News Ltd [2006] EWHC 90063 (Costs) (08 November 2006)

The Defendant did not achieve a 'win' within the meaning of the CFA because the court did not make an award of damages; it merely permitted acceptance of a standing offer. Therefore, the CFA is unenforceable for the relevant period and the Defendant's solicitors are not entitled to recover costs under it.

Citation
[2006] EWHC 90063 (Costs)
Parties
Claimant/paying Party: David Beckham; Claimant/paying Party: Victoria Beckham; Defendant/receiving Party: First News Ltd
Jurisdiction
England and Wales
Judgment Date
08 November 2006
Procedural Posture
Costs Assessment (preliminary Issue) / Preliminary Issue Determination Before Detailed Assessment
Outcome
Preliminary issue decided in favour of the Claimants; Defendant's CFA unenforceable for the relevant period.
Legal Topics
Conditional Fee Agreements (cfa), Part 36 Offers, Costs Assessment, Enforceability of Cfas
Civil Procedure Costs Conditional Fee Agreements (cfa) Part 36 Offers Costs Assessment Enforceability of Cfas

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Parties

David Beckham

Claimant/paying Party

Victoria Beckham

Claimant/paying Party

First News Ltd

Defendant/receiving Party

Procedural Posture

Costs Assessment (preliminary Issue) / Preliminary Issue Determination Before Detailed Assessment

Legal Issues

  1. 1 Whether the Defendant achieved a 'win' under the terms of its CFA for the relevant period, entitling it to recover costs.

Ratio Decidendi

The Defendant did not achieve a 'win' within the meaning of the CFA because the court did not make an award of damages; it merely permitted acceptance of a standing offer. Therefore, the CFA is unenforceable for the relevant period and the Defendant's solicitors are not entitled to recover costs under it.

Court Disposition

Preliminary issue decided in favour of the Claimants; Defendant's CFA unenforceable for the relevant period.

Orders

  • Defendant not entitled to recover costs under the CFA for the relevant period.
  • Claimants liable for certain fees and disbursements not covered by the CFA, subject to assessment.