Halloran v Delaney [2002] EWHC 9029 (Costs) (6 September 2002)

Halloran v Delaney [2002] EWHC 9029 (Costs) (6 September 2002)

The CFA covered the costs only proceedings; a success fee was recoverable on Part 8 costs and the assessment costs; a 20% success fee was reasonable in this case due to legal uncertainty at the relevant time, but a 5% uplift should ordinarily apply in similar future cases post-Callery v Gray.

Citation
[2002] EWHC 9029 (Costs)
Parties
Claimant: Halloran; Defendant: Delaney
Jurisdiction
England and Wales
Judgment Date
06 September 2002
Procedural Posture
Costs Only Proceedings / Appeal
Outcome
appeal dismissed
Legal Topics
Success Fee, Conditional Fee Agreement (cfa), Costs Assessment, ATE Insurance, Part 8 Proceedings
Civil Procedure Costs Law Success Fee Conditional Fee Agreement (cfa) Costs Assessment ATE Insurance Part 8 Proceedings

Case Brief

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Parties

Halloran

Claimant

Delaney

Defendant

Procedural Posture

Costs Only Proceedings / Appeal

Legal Issues

  1. 1 Whether the CFA covers Part 8 costs only proceedings
  2. 2 Whether a success fee is recoverable on Part 8 costs
  3. 3 What is the appropriate quantum of the success fee

Ratio Decidendi

The CFA covered the costs only proceedings; a success fee was recoverable on Part 8 costs and the assessment costs; a 20% success fee was reasonable in this case due to legal uncertainty at the relevant time, but a 5% uplift should ordinarily apply in similar future cases post-Callery v Gray.

Court Disposition

appeal dismissed

Orders

  • Success fee of 20% on Part 8 costs upheld
  • Guidance issued for future cases to allow 5% uplift unless higher justified