XYZ v Various [2015] EWHC 1151 (QB) (08 April 2015)

A payment on account of costs does not breach the indemnity principle where conditional fee agreements provide for immediate liability upon interim awards; a reasonable sum is assessed at half the brief fees and 80% of solicitors' costs, excluding conference fees at this stage.

Citation: [2015] EWHC 1151
Parties: Claimant: XYZ; Defendant/part 20 Claimant: Transform Medical Group (CS) Limited; Part 20 Defendant: Travelers Insurance Company Limited
Jurisdiction: England and Wales
Judgment Date: 08 April 2015
Procedural Posture: Group Litigation / Interim Costs Assessment Following Adjournment
Outcome: Interim payment on account of costs ordered
Legal Topics: Interim Payment on Account of Costs, Conditional Fee Agreements, Indemnity Principle

Civil Procedure Costs Interim Payment on Account of Costs Conditional Fee Agreements Indemnity Principle

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6

Parties

XYZ

Claimant

Transform Medical Group (CS) Limited

Defendant/part 20 Claimant

Travelers Insurance Company Limited

Part 20 Defendant

Procedural Posture

Group Litigation / Interim Costs Assessment Following Adjournment

Legal Issues

1 Whether a payment on account of costs should be ordered despite claimants being on conditional fee agreements
2 What constitutes a reasonable sum for interim payment on account of costs

Ratio Decidendi

Court Disposition

Interim payment on account of costs ordered

Orders

Travelers and Transform to pay £283,500 on account of costs to claimants' solicitors