Engeham v London & Quadrant Housing Trust & Anor
The definition of 'win' in the CFA is not limited by the identity of the party paying damages. The Tomlin order constituted an agreement to pay damages within the meaning of the CFA, entitling the claimant to recover her costs of the action against L & Q.
- Parties
- Applicant: Linda Engeham; Respondent: London & Quadrant Housing Trust Limited; Respondent: The Academy of Plumbing Limited (in Liquidation)
- Jurisdiction
- England and Wales
- Judgment Date
- 01 December 2015
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Conditional Fee Agreements, Interpretation of 'win' in CFA, Costs Recovery, Tomlin Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Linda Engeham
Applicant
London & Quadrant Housing Trust Limited
Respondent
The Academy of Plumbing Limited (in Liquidation)
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the outcome of the action constituted a 'win' for the claimant under the terms of the conditional fee agreement (CFA)
- 2 Whether the identity of the party paying damages affects the definition of a 'win' under the CFA
- 3 Whether the claimant is entitled to recover costs from the defendant under the indemnity principle
Ratio Decidendi
The definition of 'win' in the CFA is not limited by the identity of the party paying damages. The Tomlin order constituted an agreement to pay damages within the meaning of the CFA, entitling the claimant to recover her costs of the action against L & Q.
Court Disposition
Appeal dismissed
Orders
- Ms Engeham is entitled to recover her costs of the action against L & Q.
Full Case Text
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