Jenkins v Young Brothers Transport Ltd [2005] EWHC 90008 (Costs) (22 June 2005)

Jenkins v Young Brothers Transport Ltd [2005] EWHC 90008 (Costs) (22 June 2005)

The CFA was validly assigned from Girlings to T. G. Baynes and then to TSP, as the benefit and burden were transferred with the client's consent and intention of the parties. The assignments satisfied the requirements for validity, and any failure to repeat Regulation 4 information was immaterial as the client was already fully informed. The Defendant is liable for the costs of all three firms under the indemnity principle.

Citation
[2005] EWHC 90008 (Costs)
Parties
Claimant: Geoffrey Jenkins; Defendant: Defendant (not named)
Jurisdiction
England and Wales
Judgment Date
22 June 2005
Procedural Posture
Costs Assessment / Preliminary Issue / Reserved Judgment on Preliminary Issue Regarding Assignment of CFA
Outcome
CFA validly assigned; Defendant liable for costs of all three firms.
Legal Topics
Conditional Fee Agreements, Assignment of Contracts, Indemnity Principle, Compliance With CFA Regulations
Civil Procedure Costs Conditional Fee Agreements Assignment of Contracts Indemnity Principle Compliance With CFA Regulations

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Parties

Geoffrey Jenkins

Claimant

Defendant (not named)

Defendant

Procedural Posture

Costs Assessment / Preliminary Issue / Reserved Judgment on Preliminary Issue Regarding Assignment of CFA

Legal Issues

  1. 1 Whether a conditional fee agreement (CFA) can be validly assigned between solicitors' firms
  2. 2 Whether failure to repeat CFA Regulation 4 information on assignment is a material breach affecting enforceability
  3. 3 Whether the indemnity principle precludes recovery of costs by successor firms

Ratio Decidendi

The CFA was validly assigned from Girlings to T. G. Baynes and then to TSP, as the benefit and burden were transferred with the client's consent and intention of the parties. The assignments satisfied the requirements for validity, and any failure to repeat Regulation 4 information was immaterial as the client was already fully informed. The Defendant is liable for the costs of all three firms under the indemnity principle.

Court Disposition

CFA validly assigned; Defendant liable for costs of all three firms.

Orders

  • Defendant to pay Mr Jenkins his costs of the preliminary issue on the standard basis, to be assessed at the conclusion of the detailed assessment if not agreed.
  • No indemnity basis costs order granted.