Gliddon v Lloyd Maunder Ltd. [2003] EWHC 9007 (Costs) (31 January 2003)

Gliddon v Lloyd Maunder Ltd. [2003] EWHC 9007 (Costs) (31 January 2003)

The indemnity principle applies to work done under a CCFA; the CCFA Regulations do not create a new exception. The Claimant was not misled as to liability for costs, and the evidence did not show non-compliance with Regulation 4. Upon production and inspection of the CCFA, it was found to be valid, entitling the Claimant to recover success fees, subject to quantification and reasonableness.

Citation
[2003] EWHC 9007 (Costs)
Parties
Claimant: Gliddon; Defendant: Lloyd Maunder Ltd
Jurisdiction
England and Wales
Judgment Date
31 January 2003
Procedural Posture
Detailed Assessment of Costs / Post Trial, Costs Assessment
Outcome
Claimant entitled to recover success fees, subject to quantification; Defendants awarded 50% of their costs of the detailed assessment to date.
Legal Topics
Collective Conditional Fee Agreements (ccfa), Indemnity Principle, Success Fees, Disclosure of Funding Arrangements, Detailed Assessment of Costs
Civil Procedure Costs Collective Conditional Fee Agreements (ccfa) Indemnity Principle Success Fees Disclosure of Funding Arrangements Detailed Assessment of Costs

Case Brief

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Parties

Gliddon

Claimant

Lloyd Maunder Ltd

Defendant

Procedural Posture

Detailed Assessment of Costs / Post Trial, Costs Assessment

Legal Issues

  1. 1 Whether the indemnity principle applies to costs claimed under a CCFA
  2. 2 Whether the Claimant was properly informed of liability for costs under the CCFA
  3. 3 Whether a valid CCFA existed between the Claimant's solicitors and the trade union

Ratio Decidendi

The indemnity principle applies to work done under a CCFA; the CCFA Regulations do not create a new exception. The Claimant was not misled as to liability for costs, and the evidence did not show non-compliance with Regulation 4. Upon production and inspection of the CCFA, it was found to be valid, entitling the Claimant to recover success fees, subject to quantification and reasonableness.

Court Disposition

Claimant entitled to recover success fees, 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 and reasonableness.
  • Defendants awarded 50% of their costs of and incidental to the detailed assessment to date, agreed at £3,500, to be taken into account in the final costs certificate.