Pentecost v John [2015] EWHC 1970 (QB) (10 July 2015)

Pentecost v John [2015] EWHC 1970 (QB) (10 July 2015)

The second CCFA applied retrospectively and encompassed the pre-existing written statement of success fee, thus satisfying section 58(4) of the Courts and Legal Services Act 1990 and rendering the retainer enforceable for costs incurred after 2 July 2009.

Citation
[2015] EWHC 1970
Parties
Claimant: Henry Andrew Pentecost; Defendant: Anthony Christopher John
Jurisdiction
England and Wales
Judgment Date
10 July 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Conditional Fee Agreements, Indemnity Principle, Retrospective Contracts
Civil Procedure Costs Conditional Fee Agreements Indemnity Principle Retrospective Contracts

Case Brief

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Parties

Henry Andrew Pentecost

Claimant

Anthony Christopher John

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the second CCFA was enforceable for costs incurred after 2 July 2009
  2. 2 Whether the absence of a new written statement of success fee rendered the retainer unenforceable
  3. 3 Whether the second CCFA was a novation or variation

Ratio Decidendi

The second CCFA applied retrospectively and encompassed the pre-existing written statement of success fee, thus satisfying section 58(4) of the Courts and Legal Services Act 1990 and rendering the retainer enforceable for costs incurred after 2 July 2009.

Court Disposition

Appeal allowed

Orders

  • Assessment of costs to proceed on the basis that the second CCFA was enforceable as between the claimant and his solicitors
  • The indemnity principle does not avail the defendant