Brown & Ors v Russell Young & Co (a firm)

Brown & Ors v Russell Young & Co (a firm)

Generic or common costs are, in principle, recoverable under CPR 36.13(1) or the terms of the CFA, even where no GLO or costs sharing order has been made, provided the wording is wide enough and compliance with CFA regulations is established.

Parties
Appellants: Kevin Brown and Five Others; Respondents: Russell Young & Co (a firm)
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Appeal / Judgment on Appeal From Costs Assessment
Outcome
Appeal allowed
Legal Topics
Group Litigation, Conditional Fee Agreements, Generic Costs, Costs Assessment
Civil Procedure Costs Law Professional Negligence Group Litigation Conditional Fee Agreements Generic Costs Costs Assessment

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Parties

Kevin Brown and Five Others

Appellants

Russell Young & Co (a firm)

Respondents

Procedural Posture

Appeal / Judgment on Appeal From Costs Assessment

Legal Issues

  1. 1 Whether generic or common costs are recoverable absent a Group Litigation Order or explicit costs sharing order
  2. 2 Interpretation of Conditional Fee Agreements regarding liability for generic costs
  3. 3 Entitlement to generic costs under CPR 36.13(1)

Ratio Decidendi

Generic or common costs are, in principle, recoverable under CPR 36.13(1) or the terms of the CFA, even where no GLO or costs sharing order has been made, provided the wording is wide enough and compliance with CFA regulations is established.

Court Disposition

Appeal allowed

Orders

  • Six lead claimants are entitled in principle to their generic or common costs.
  • Further hearing before the Costs Judge required to apportion and assess the incidence of common costs.