C v M [2004] EWHC 90025 (Costs) (20 February 2003)

C v M [2004] EWHC 90025 (Costs) (20 February 2003)

The court held that for transitional cases, it is sufficient that a CFA was in existence at any time prior to 1 April 2000 for the restrictions on recovery of success fees to apply under the 1999 Order.

Citation
[2004] EWHC 90025 (Costs)
Parties
Claimant: C; Defendant: M
Jurisdiction
England and Wales
Judgment Date
20 February 2003
Procedural Posture
Costs Appeal / Appeal From District Judge's Decision
Outcome
appeal dismissed
Legal Topics
Conditional Fee Agreements, Success Fees, Access to Justice Act 1999, Transitional Provisions
Civil Procedure Costs Conditional Fee Agreements Success Fees Access to Justice Act 1999 Transitional Provisions

Case Brief

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Parties

C

Claimant

M

Defendant

Procedural Posture

Costs Appeal / Appeal From District Judge's Decision

Legal Issues

  1. 1 Whether the restrictions on recovery of success fees under the 1999 Order apply to a CFA entered into before 1 April 2000 but replaced after that date
  2. 2 Whether delay justified disallowance of the success fee

Ratio Decidendi

The court held that for transitional cases, it is sufficient that a CFA was in existence at any time prior to 1 April 2000 for the restrictions on recovery of success fees to apply under the 1999 Order.

Court Disposition

appeal dismissed

Orders

  • Claimant's appeal dismissed
  • Disallowance of success fee upheld