Morris v John Dennis (Barnsley) Ltd [2008] EWHC 90112 (Costs) (17 July 2008)
The administration charge is not part of the success fee as defined by the agreement and statute; it is a stand-alone fee payable in the event of success, and the agreement does not breach section 58(4).
- Citation
- [2008] EWHC 90112 (Costs)
- Parties
- Claimant: Neil Morris; Defendant: John Dennis (Barnsley) Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 17 July 2008
- Procedural Posture
- Detailed Assessment of Costs / Judgment on Enforceability of Conditional Fee Agreement
- Outcome
- Claimant's conditional fee agreement is enforceable; costs are recoverable.
- Legal Topics
- Conditional Fee Agreements, Success Fees, Administration Charges, Section 58 Courts and Legal Services Act 1990, Personal Injury Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Neil Morris
Claimant
John Dennis (Barnsley) Limited
Defendant
Procedural Posture
Detailed Assessment of Costs / Judgment on Enforceability of Conditional Fee Agreement
Legal Issues
- 1 Whether the administration charge forms part of the success fee under section 58(4) of the Courts and Legal Services Act 1990
- 2 Whether the conditional fee agreement is unenforceable for exceeding the statutory maximum success fee
Ratio Decidendi
The administration charge is not part of the success fee as defined by the agreement and statute; it is a stand-alone fee payable in the event of success, and the agreement does not breach section 58(4).
Court Disposition
Claimant's conditional fee agreement is enforceable; costs are recoverable.
Orders
- Claimant is entitled to costs as claimed under the conditional fee agreement.
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