Montlake & Ors (As Trustees of Wasps Football Club) v Lambert Smith Hampton Group Ltd

Montlake & Ors (As Trustees of Wasps Football Club) v Lambert Smith Hampton Group Ltd

Wasps are entitled to relief from sanctions for procedural breaches regarding CFA disclosure as LSH suffered no prejudice and had full knowledge of the funding arrangement. Wasps are entitled to all their costs, including the success fee, as they succeeded on the main issues and beat their own Part 36 offer. Enhanced interest on damages and indemnity costs from 13 January 2004 are appropriate, but no interest on costs is awarded. A stay of the costs order is granted pending appeal, with liberty to apply to lift the stay if the appeal is not pursued expeditiously.

Parties
Claimant: Ivor Alexander Montlake, Peter George Yarranton and Donald Wills (as trustees of WASPS Football Club); Defendant: Lambert Smith Hampton Group Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2004
Procedural Posture
Commercial Litigation (valuation/professional Negligence) / Post Trial Costs Ruling
Outcome
Costs order in favour of claimants with stay pending appeal; relief from sanctions granted; enhanced interest and indemnity costs awarded; no interim payment ordered.
Legal Topics
Conditional Fee Agreements (cfa), Costs Orders, Relief From Sanctions, Part 36 Offers, Interest on Damages, Indemnity Costs, Stay of Execution
Civil Procedure Costs Professional Negligence Commercial Law Conditional Fee Agreements (cfa) Costs Orders Relief From Sanctions Part 36 Offers +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Ivor Alexander Montlake, Peter George Yarranton and Donald Wills (as trustees of WASPS Football Club)

Claimant

Lambert Smith Hampton Group Limited

Defendant

Procedural Posture

Commercial Litigation (valuation/professional Negligence) / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether the claimants are entitled to recover their success fee under the CFA despite procedural breaches
  2. 2 Whether the claimants are entitled to all their costs
  3. 3 Whether enhanced interest and indemnity costs should be awarded under CPR 36.21

Ratio Decidendi

Wasps are entitled to relief from sanctions for procedural breaches regarding CFA disclosure as LSH suffered no prejudice and had full knowledge of the funding arrangement. Wasps are entitled to all their costs, including the success fee, as they succeeded on the main issues and beat their own Part 36 offer. Enhanced interest on damages and indemnity costs from 13 January 2004 are appropriate, but no interest on costs is awarded. A stay of the costs order is granted pending appeal, with liberty to apply to lift the stay if the appeal is not pursued expeditiously.

Court Disposition

Costs order in favour of claimants with stay pending appeal; relief from sanctions granted; enhanced interest and indemnity costs awarded; no interim payment ordered.

Orders

  • Claimants granted relief from sanction under CPR 44.3B; entitled to recover success fee under CFA.
  • Claimants awarded all costs of the proceedings, to be assessed on the indemnity basis from 13 January 2004.