Bailey v IBC Vehicles Ltd [1998] EWCA Civ 566 (27 March 1998)

Bailey v IBC Vehicles Ltd [1998] EWCA Civ 566 (27 March 1998)

There was no evidence of any agreement capping or reducing the fees below the full solicitor/client rate, and the information provided was sufficient to satisfy the indemnity principle; therefore, the defendants' request for further discovery was unnecessary and the appeal was dismissed.

Citation
[1998] EWCA Civ 566
Parties
Plaintiff/respondent: Trevor Raymond Bailey; Defendant/appellant: IBC Vehicles Limited
Jurisdiction
England and Wales
Judgment Date
27 March 1998
Procedural Posture
Appeal From County Court (taxation Proceedings) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Indemnity Principle, Taxation of Costs, Solicitor Client Relationship, Discovery in Costs Proceedings, Trade Union Funded Litigation
Civil Procedure Costs Indemnity Principle Taxation of Costs Solicitor Client Relationship Discovery in Costs Proceedings Trade Union Funded Litigation

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Parties

Trevor Raymond Bailey

Plaintiff/respondent

IBC Vehicles Limited

Defendant/appellant

Procedural Posture

Appeal From County Court (taxation Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the plaintiff's solicitors breached the indemnity principle in their bill of costs
  2. 2 Whether the defendants are entitled to discovery of documents regarding the fee arrangement between the plaintiff, his union, and the solicitors

Ratio Decidendi

There was no evidence of any agreement capping or reducing the fees below the full solicitor/client rate, and the information provided was sufficient to satisfy the indemnity principle; therefore, the defendants' request for further discovery was unnecessary and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Costs ordered to be paid by the defendants pursuant to the order of 17 October 1997 and the costs of the appeal to be taxed in the Supreme Court Taxing Office.