Warren v Hill Dickinson LLP [2018] EWHC B6 (Costs) (26 March 2018)

Warren v Hill Dickinson LLP [2018] EWHC B6 (Costs) (26 March 2018)

Mr Warren achieved a 'win' under the terms of both the Burns and Morrison CFAs as he obtained judgments and costs orders, regardless of actual recovery. The alleged 'net gain' agreement was not supported by evidence or law. The assignment of the CFAs from PSB to Hill Dickinson LLP was valid and in Mr Warren's interests.

Citation
[2018] EWHC B6 (Costs)
Parties
Claimant: Frank Warren; Defendant: Hill Dickinson LLP
Jurisdiction
England and Wales
Judgment Date
26 March 2018
Procedural Posture
Costs Determination / Judgment on Preliminary Issues
Outcome
Judgment for the Defendant on both preliminary issues.
Legal Topics
Conditional Fee Agreements, Assignment of Contracts, Solicitor Client Relationship, Costs Recovery

Case Brief

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Parties

Frank Warren

Claimant

Hill Dickinson LLP

Defendant

Procedural Posture

Costs Determination / Judgment on Preliminary Issues

  1. 1 Whether the claimant achieved a 'win' under the terms of the Burns and Morrison CFAs
  2. 2 Whether the assignment of the CFAs from PSB to Hill Dickinson LLP was valid

Ratio Decidendi

Mr Warren achieved a 'win' under the terms of both the Burns and Morrison CFAs as he obtained judgments and costs orders, regardless of actual recovery. The alleged 'net gain' agreement was not supported by evidence or law. The assignment of the CFAs from PSB to Hill Dickinson LLP was valid and in Mr Warren's interests.

Court Disposition

Judgment for the Defendant on both preliminary issues.

Orders

  • It is declared that Mr Warren achieved a 'win' under the Burns and Morrison CFAs.
  • It is declared that the assignment of the CFAs to Hill Dickinson LLP was valid.