Frade & Ors v Radford & Anor

Frade & Ors v Radford & Anor

Permission to appeal is granted only on the ground relating to the effectiveness of the deed of rectification inter partes, as it is arguable that rectification to reflect the true agreement from the outset may be distinguished from post-order variation. Permission is refused on all other grounds as they are not arguable or do not raise points of general importance.

Parties
Appellant: Alejandra Frade; Appellant: Bruce St Clair; Appellant: Gheko Films SL; Appellant: Gheko Films Sur SL; Respondent: Michael Radford; Respondent: The Michael Radford Partnership
Jurisdiction
England and Wales
Judgment Date
14 July 2017
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted on Ground 6 only; refused on Grounds 1, 2, and 5.
Legal Topics
Conditional Fee Agreements, Detailed Assessment of Costs, Indemnity Principle, Retainer Construction, Rectification of Contracts
Civil Procedure Costs Conditional Fee Agreements Detailed Assessment of Costs Indemnity Principle Retainer Construction Rectification of Contracts

Case Brief

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Parties

Alejandra Frade

Appellant

Bruce St Clair

Appellant

Gheko Films SL

Appellant

Gheko Films Sur SL

Appellant

Michael Radford

Respondent

The Michael Radford Partnership

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Taylor Hampton CFA covered the relevant costs post-23 May 2012
  2. 2 Whether a paying party can take points on the construction of a CFA not raised by the parties to the contract
  3. 3 Whether a deed of rectification executed after the inter partes costs order is effective inter partes

Ratio Decidendi

Permission to appeal is granted only on the ground relating to the effectiveness of the deed of rectification inter partes, as it is arguable that rectification to reflect the true agreement from the outset may be distinguished from post-order variation. Permission is refused on all other grounds as they are not arguable or do not raise points of general importance.

Court Disposition

Permission to appeal granted on Ground 6 only; refused on Grounds 1, 2, and 5.

Orders

  • Permission to appeal granted on Ground 6 (deed of rectification)
  • Permission to appeal refused on Grounds 1, 2, and 5