Mole & Anor v Parkdean Holiday Parks Ltd & Anor [2017] EWHC B10 (Costs) (29 March 2017)

Mole & Anor v Parkdean Holiday Parks Ltd & Anor [2017] EWHC B10 (Costs) (29 March 2017)

The original CFA entered into by the Claimant's mother as litigation friend remained effective after the Official Solicitor was substituted as litigation friend; the retainer was always between the Claimant and the solicitors, and the change in litigation friend did not require a new CFA or affect the entitlement to recover a success fee from the Defendants.

Citation
[2017] EWHC B10 (Costs)
Parties
Claimant: First Claimant; Defendant: Defendants; Litigation Friend: Official Solicitor; Former Litigation Friend: Claimant's Mother
Jurisdiction
England and Wales
Judgment Date
29 March 2017
Procedural Posture
Preliminary Issue in Costs Proceedings / Judgment on Entitlement to Recover Success Fee After Change of Litigation Friend
Outcome
Judgment for the Claimant on the preliminary issue.
Legal Topics
Conditional Fee Agreements, Success Fees, Litigation Friend, Capacity, Costs Recovery
Civil Procedure Costs Conditional Fee Agreements Success Fees Litigation Friend Capacity Costs Recovery

Case Brief

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Parties

First Claimant

Claimant

Defendants

Defendant

Official Solicitor

Litigation Friend

Claimant's Mother

Former Litigation Friend

Procedural Posture

Preliminary Issue in Costs Proceedings / Judgment on Entitlement to Recover Success Fee After Change of Litigation Friend

Legal Issues

  1. 1 Whether the Claimant is entitled to recover a success fee pursuant to a costs order for work done after the replacement of his mother by the Official Solicitor as litigation friend.

Ratio Decidendi

The original CFA entered into by the Claimant's mother as litigation friend remained effective after the Official Solicitor was substituted as litigation friend; the retainer was always between the Claimant and the solicitors, and the change in litigation friend did not require a new CFA or affect the entitlement to recover a success fee from the Defendants.

Court Disposition

Judgment for the Claimant on the preliminary issue.

Orders

  • The Claimant is entitled to recover the success fee pursuant to the original CFA for the period after the appointment of the Official Solicitor.