Gliddon v Lloyd Maunder Ltd.

Gliddon v Lloyd Maunder Ltd.

The indemnity principle applies to CCFAs and the CCFA Regulations do not create a new exception. The Claimant was not misled as to his liability for costs. The evidence initially raised a doubt as to the validity of the CCFA, but upon production and inspection of the CCFA, it was found to be valid, entitling the Claimant to recover success fees subject to quantification.

Parties
Claimant: Leslie Kenneth Gliddon; Defendant: Lloyd Maunder Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2003
Procedural Posture
Costs Assessment / Detailed Assessment After Trial Judgment
Outcome
Claimant entitled to recover success fees under the CCFA, subject to quantification; Defendants awarded 50% of their costs of the detailed assessment to date.
Legal Topics
Indemnity Principle, Collective Conditional Fee Agreements (ccfa), Success Fees, Disclosure of Funding Arrangements
Civil Procedure Costs Indemnity Principle Collective Conditional Fee Agreements (ccfa) Success Fees Disclosure of Funding Arrangements

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Parties

Leslie Kenneth Gliddon

Claimant

Lloyd Maunder Limited

Defendant

Procedural Posture

Costs Assessment / Detailed Assessment After Trial Judgment

Legal Issues

  1. 1 Whether the indemnity principle applies to work done under a CCFA
  2. 2 Whether the Claimant was properly informed of his liability for costs under the CCFA
  3. 3 Whether there is a valid CCFA entitling the Claimant's solicitors to a success fee

Ratio Decidendi

The indemnity principle applies to CCFAs and the CCFA Regulations do not create a new exception. The Claimant was not misled as to his liability for costs. The evidence initially raised a doubt as to the validity of the CCFA, but upon production and inspection of the CCFA, it was found to be valid, entitling the Claimant to recover success fees subject to quantification.

Court Disposition

Claimant entitled to recover success fees under the CCFA, subject to quantification; Defendants awarded 50% of their costs of the detailed assessment to date.

Orders

  • Claimant entitled to recover success fees, subject to quantification of base fees and reasonableness of percentage increase.
  • Defendants awarded 50% of their costs of and incidental to the detailed assessment to date, agreed at £3,500.