Engeham v London & Quadrant Housing Trust & Anor [2015] EWCA Civ 1530 (01 December 2015)

Engeham v London & Quadrant Housing Trust & Anor [2015] EWCA Civ 1530 (01 December 2015)

The definition of 'win' in the CFA is not limited by the identity of the party paying damages; the Tomlin order constituted an agreement to pay damages in respect of the claim against L&Q, and the claimant derived benefit from pursuing the claim. Therefore, the claimant was entitled to recover costs under the CFA.

Citation
[2015] EWCA Civ 1530
Parties
Applicant: Engeham; Respondents: London & Quadrant Housing Trust and Another (including The Academy of Plumbing Limited)
Jurisdiction
England and Wales
Judgment Date
01 December 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Costs Order Following Tomlin Order Settlement
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Costs Recovery, Interpretation of Settlement Orders
Civil Procedure Contract Law Personal Injury Conditional Fee Agreements Costs Recovery Interpretation of Settlement Orders

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Parties

Engeham

Applicant

London & Quadrant Housing Trust and Another (including The Academy of Plumbing Limited)

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment on Costs Order Following Tomlin Order Settlement

Legal Issues

  1. 1 Whether the outcome of the action constituted a 'win' under the terms of the CFA for the purposes of costs recovery
  2. 2 Whether the identity of the party paying damages affects the claimant's entitlement to costs under the CFA

Ratio Decidendi

The definition of 'win' in the CFA is not limited by the identity of the party paying damages; the Tomlin order constituted an agreement to pay damages in respect of the claim against L&Q, and the claimant derived benefit from pursuing the claim. Therefore, the claimant was entitled to recover costs under the CFA.

Court Disposition

Appeal dismissed

Orders

  • Ms Engeham entitled to recover her costs of the action against L&Q as per the Tomlin order