Farmer v The Chief Constable of Lancashire [2019] EWHC B18 (Costs) (31 October 2019)

The second CFA was only retrospective to May 2015, not October 2012. The first CFA was unenforceable. Costs for parts two and three are not recoverable. The conduct of McMillan Williams warrants disallowance of the remaining bill under CPR 44.11.

Citation: [2019] EWHC B18 (Costs)
Parties: Receiving Party: Mr Farmer; Receiving Party's Solicitors: McMillan Williams; Former Solicitors: Sophie Khan & Co / Police Action; Paying Party's Advocate: Mr Smith
Jurisdiction: England and Wales
Judgment Date: 31 October 2019
Procedural Posture: Costs Assessment / Detailed Assessment
Outcome: bill disallowed
Legal Topics: Conditional Fee Agreements, Success Fees, Detailed Assessment, CPR 44.11 Sanctions, Provisional Assessment Threshold

Civil Procedure Costs Conditional Fee Agreements Success Fees Detailed Assessment CPR 44.11 Sanctions Provisional Assessment Threshold

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5

Parties

Mr Farmer

Receiving Party

McMillan Williams

Receiving Party's Solicitors

Sophie Khan & Co / Police Action

Former Solicitors

Mr Smith

Paying Party's Advocate

Procedural Posture

Costs Assessment / Detailed Assessment

Legal Issues

1 Enforceability of first CFA
2 Retrospective scope of second CFA
3 Proper calculation of recoverable costs

Ratio Decidendi

Court Disposition

bill disallowed

Orders

Disallowance of the entirety of the bill remaining after concessions.
No costs recoverable under the bill.