XYZ v Various

XYZ v Various

There is no good reason not to order an interim payment on account of costs; the indemnity principle is not breached by payment under the claimants’ conditional fee agreements, and a reasonable sum is assessed at £283,500 based on half of brief fees and 80% of solicitors’ costs.

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

Case Brief

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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. 1 Whether an interim payment on account of costs should be ordered
  2. 2 Whether the indemnity principle prevents payment under conditional fee agreements
  3. 3 What constitutes a reasonable sum for interim payment

Ratio Decidendi

There is no good reason not to order an interim payment on account of costs; the indemnity principle is not breached by payment under the claimants’ conditional fee agreements, and a reasonable sum is assessed at £283,500 based on half of brief fees and 80% of solicitors’ costs.

Court Disposition

Interim payment on account of costs ordered.

Orders

  • Travelers and Transform to pay £283,500 on account of costs to claimants’ solicitors.