Montlake & Ors (As Trustees of Wasps Football Club) v Lambert Smith Hampton Group Ltd [2004] EWHC 1503 (Comm) (08 July 2004)

Montlake & Ors (As Trustees of Wasps Football Club) v Lambert Smith Hampton Group Ltd [2004] EWHC 1503 (Comm) (08 July 2004)

Wasps are entitled to recover their success fee despite procedural breaches because LSH had full knowledge of the CFA and suffered no prejudice. Wasps are entitled to their costs on an indemnity basis from 13 January 2004, and to enhanced interest on damages at 6% from 13 January 2004 to 28 May 2004, having beaten their Part 36 offer. A stay on costs is granted pending appeal, with liberty to apply to lift the stay if the appeal is not pursued expeditiously.

Citation
[2004] EWHC 1503 (Comm)
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 / Post Trial Costs Ruling
Outcome
Costs in favour of claimants, with stay pending appeal.
Legal Topics
Costs, Conditional Fee Agreements, Part 36 Offers, Relief From Sanctions, Valuation of Damages
Civil Procedure Commercial Law Costs Conditional Fee Agreements Part 36 Offers Relief From Sanctions Valuation of Damages

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 9
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 / Post Trial Costs Ruling

Legal Issues

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

Ratio Decidendi

Wasps are entitled to recover their success fee despite procedural breaches because LSH had full knowledge of the CFA and suffered no prejudice. Wasps are entitled to their costs on an indemnity basis from 13 January 2004, and to enhanced interest on damages at 6% from 13 January 2004 to 28 May 2004, having beaten their Part 36 offer. A stay on costs is granted pending appeal, with liberty to apply to lift the stay if the appeal is not pursued expeditiously.

Court Disposition

Costs in favour of claimants, with stay pending appeal.

Orders

  • Claimants awarded costs of proceedings on indemnity basis from 13 January 2004.
  • Claimants awarded enhanced interest at 6% on principal sum from 13 January 2004 to 28 May 2004.