Brierley v Prescott [2006] EWHC 90062 (Costs) (31 March 2006)

Brierley v Prescott [2006] EWHC 90062 (Costs) (31 March 2006)

The 2002 conditional fee agreement, when properly construed in its factual context, covered the claim for damages arising from the accident, including the claim against Mr Prescott, as it was always the same claim being handled by Hertz. Therefore, the claimant is liable to pay his solicitors under the 2002 agreement and can recover those costs from the defendant, subject to assessment.

Citation
[2006] EWHC 90062 (Costs)
Parties
Claimant: David James Brierley; Defendant: Jeffrey Prescott
Jurisdiction
England and Wales
Judgment Date
31 March 2006
Procedural Posture
Costs Assessment / Detailed Assessment of Costs After Settlement
Outcome
Claimant entitled to recover costs under the 2002 CFA
Legal Topics
Conditional Fee Agreements, Indemnity Principle, Interpretation of Contracts
Civil Procedure Costs Conditional Fee Agreements Indemnity Principle Interpretation of Contracts

Case Brief

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Parties

David James Brierley

Claimant

Jeffrey Prescott

Defendant

Procedural Posture

Costs Assessment / Detailed Assessment of Costs After Settlement

Legal Issues

  1. 1 Whether the 2002 conditional fee agreement (CFA) covered the claim against Mr Prescott and entitled the claimant to recover costs from the defendant
  2. 2 Whether the 2005 CFA could retrospectively validate the claimant's entitlement to costs if the 2002 CFA failed

Ratio Decidendi

The 2002 conditional fee agreement, when properly construed in its factual context, covered the claim for damages arising from the accident, including the claim against Mr Prescott, as it was always the same claim being handled by Hertz. Therefore, the claimant is liable to pay his solicitors under the 2002 agreement and can recover those costs from the defendant, subject to assessment.

Court Disposition

Claimant entitled to recover costs under the 2002 CFA

Orders

  • Claimant can recover from the defendant his costs claimed in Part III of the bill, to the extent that they are reasonable and proportionate.