Brown & Ors v Russell Young & Co (a firm) [2006] EWHC 90055 (Costs) (12 April 2006)

Brown & Ors v Russell Young & Co (a firm) [2006] EWHC 90055 (Costs) (12 April 2006)

Generic or common costs are, in principle, recoverable under CPR 36.13(1) or the terms of the CFA, even where no Group Litigation Order or explicit cost sharing order has been made, provided the relevant contractual and procedural wording is sufficiently broad.

Citation
[2006] EWHC 90055 (Costs)
Parties
Appellants: Kevin Brown and Five Others; Respondents: Russell Young & Co (a firm)
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Costs Appeal / Appeal From Master Wright's Judgment on Generic Costs
Outcome
Appeal allowed
Legal Topics
Group Litigation, Generic Costs, Conditional Fee Agreements, Part 36 Offers, Cost Sharing Orders
Civil Procedure Costs Group Litigation Generic Costs Conditional Fee Agreements Part 36 Offers Cost Sharing Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kevin Brown and Five Others

Appellants

Russell Young & Co (a firm)

Respondents

Procedural Posture

Costs Appeal / Appeal From Master Wright's Judgment on Generic Costs

Legal Issues

  1. 1 Whether generic or common costs are recoverable in the absence of a Group Litigation Order or explicit cost sharing order
  2. 2 Whether the wording of the Conditional Fee Agreement and CPR 36.13(1) is sufficient to entitle claimants to generic costs

Ratio Decidendi

Generic or common costs are, in principle, recoverable under CPR 36.13(1) or the terms of the CFA, even where no Group Litigation Order or explicit cost sharing order has been made, provided the relevant contractual and procedural wording is sufficiently broad.

Court Disposition

Appeal allowed

Orders

  • The six lead claimants are entitled in principle to their generic or common costs.
  • A further hearing before the Costs Judge is required to apportion and assess the incidence and reasonableness of the claimed generic costs.