Morris v John Dennis (Barnsley) Ltd

Morris v John Dennis (Barnsley) Ltd

The administration charge is not part of the success fee as defined by section 58(2)(b) and the Law Society Conditions; it is a stand-alone fee payable in the event of success. The conditional fee agreement does not breach section 58(4)(b) or (c) and is enforceable.

Source-derived case information.

Parties
Claimant: Neil Morris; Defendant: John Dennis (Barnsley) Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Costs Assessment / Judgment
Outcome
conditional fee agreement upheld
Legal Topics
Conditional Fee Agreements, Success Fee, Administration Charge, Enforceability of Costs Agreements
Civil Procedure Costs Conditional Fee Agreements Success Fee Administration Charge Enforceability of Costs Agreements

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Parties

Neil Morris

Claimant

John Dennis (Barnsley) Limited

Defendant

Procedural Posture

Costs Assessment / Judgment

Legal Issues

  1. 1 Whether the administration charge forms part of the success fee under section 58 of the Courts and Legal Services Act 1990
  2. 2 Whether the conditional fee agreement breaches section 58(4)(b) and (c) and is unenforceable

Ratio Decidendi

The administration charge is not part of the success fee as defined by section 58(2)(b) and the Law Society Conditions; it is a stand-alone fee payable in the event of success. The conditional fee agreement does not breach section 58(4)(b) or (c) and is enforceable.

Court Disposition

conditional fee agreement upheld

Orders

  • Claimant entitled to costs as per the conditional fee agreement
  • Administration charge does not render the agreement unenforceable