Adams v MacInnes [2001] EWHC 9014 (Costs) (8 November 2001)

Adams v MacInnes [2001] EWHC 9014 (Costs) (8 November 2001)

The Master was wrong to accept the solicitors' evidence regarding the uplift before August 1994; all care and conduct uplift was disallowed until August 1994 due to lack of proper agreement evidenced by the bills and client care letters.

Citation
[2001] EWHC 9014 (Costs)
Parties
Claimant: Adams; Second Defendant: MacInnes
Jurisdiction
England and Wales
Judgment Date
08 November 2001
Procedural Posture
Costs Assessment Appeal / Appeal From Detailed Assessment Before Master
Outcome
Partially allowed appeal
Legal Topics
Indemnity Principle, Champerty, Solicitor Client Agreements, Uplift on Costs, Disclosure of Client Care Letters
Civil Procedure Costs Indemnity Principle Champerty Solicitor Client Agreements Uplift on Costs Disclosure of Client Care Letters

Case Brief

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Parties

Adams

Claimant

MacInnes

Second Defendant

Procedural Posture

Costs Assessment Appeal / Appeal From Detailed Assessment Before Master

Legal Issues

  1. 1 Whether the agreement between Claimant and solicitors breached the indemnity principle
  2. 2 Whether the agreement was champertous and unenforceable
  3. 3 Whether the uplift on costs was properly claimed

Ratio Decidendi

The Master was wrong to accept the solicitors' evidence regarding the uplift before August 1994; all care and conduct uplift was disallowed until August 1994 due to lack of proper agreement evidenced by the bills and client care letters.

Court Disposition

Partially allowed appeal

Orders

  • Master’s certificate amended to disallow all care and conduct uplift until August 1994
  • Defendant allowed one quarter of his costs of appeal