Vinayak & Anor (t/a Doctors Chambers) v Lovegrove & Eliot (a firm)

Vinayak & Anor (t/a Doctors Chambers) v Lovegrove & Eliot (a firm)

The court has no power to order disclosure of the CFAs to the defendant, but both CFAs should be produced to the court under section 40.14 CPD for examination, as a genuine issue has been raised by the significant increase in the paying party's liability due to the claimed success fees.

Parties
Claimant: Bippon Vinayak; Claimant: Anne King (T/A Doctors Chambers); Defendant: Lovegrove & Eliot (A Firm)
Jurisdiction
England and Wales
Judgment Date
10 July 2007
Procedural Posture
Costs Assessment (professional Negligence) / Application for Disclosure of Conditional Fee Agreements (cfas) Prior to Detailed Assessment
Outcome
Application for disclosure to the defendant refused; production to the court ordered under section 40.14 CPD.
Legal Topics
Conditional Fee Agreements, Disclosure, Privilege, Detailed Assessment of Costs
Civil Procedure Costs Conditional Fee Agreements Disclosure Privilege Detailed Assessment of Costs

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Parties

Bippon Vinayak

Claimant

Anne King (T/A Doctors Chambers)

Claimant

Lovegrove & Eliot (A Firm)

Defendant

Procedural Posture

Costs Assessment (professional Negligence) / Application for Disclosure of Conditional Fee Agreements (cfas) Prior to Detailed Assessment

Legal Issues

  1. 1 Whether the court has power to order disclosure of CFAs to the paying party prior to detailed assessment
  2. 2 Whether the section 40.14 Costs Practice Direction procedure should be engaged prior to the detailed assessment hearing

Ratio Decidendi

The court has no power to order disclosure of the CFAs to the defendant, but both CFAs should be produced to the court under section 40.14 CPD for examination, as a genuine issue has been raised by the significant increase in the paying party's liability due to the claimed success fees.

Court Disposition

Application for disclosure to the defendant refused; production to the court ordered under section 40.14 CPD.

Orders

  • BBK's CFA with their clients and their CFA with counsel to be produced to the court (not served on the defendant) under section 40.14 CPD on or before 5 July 2007.
  • Costs reserved.