Crane v Canons Leisure Centre [2007] EWCA Civ 1352 (19 December 2007)

Crane v Canons Leisure Centre [2007] EWCA Civ 1352 (19 December 2007)

The majority held that the work done by the independent costs draftsmen was solicitors' work, for which the solicitors retained responsibility and control, and thus their fees are properly classified as base costs under the CCFA, attracting a success fee. The court should not require a different or lower success fee for costs assessment proceedings than for the main proceedings, as a single success fee applies throughout.

Citation
[2007] EWCA Civ 1352
Parties
Appellant: Nicholas Crane; Respondent: Canons Leisure Centre
Jurisdiction
England and Wales
Judgment Date
19 December 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Costs Judge (wandsworth County Court, Master Wright)
Outcome
Appeal allowed (by majority)
Legal Topics
Conditional Fee Agreements, Success Fees, Costs Assessment, Disbursements Vs Profit Costs
Civil Procedure Costs Conditional Fee Agreements Success Fees Costs Assessment Disbursements Vs Profit Costs

Case Brief

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Parties

Nicholas Crane

Appellant

Canons Leisure Centre

Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Costs Judge (wandsworth County Court, Master Wright)

Legal Issues

  1. 1 Whether the fees of independent costs draftsmen instructed by solicitors in costs-only proceedings are to be classified as profit costs (base costs) or disbursements under a Collective Conditional Fee Agreement (CCFA) and thus whether a success fee is payable on them.
  2. 2 Whether a different or lower success fee should apply to costs assessment proceedings compared to the main proceedings.

Ratio Decidendi

The majority held that the work done by the independent costs draftsmen was solicitors' work, for which the solicitors retained responsibility and control, and thus their fees are properly classified as base costs under the CCFA, attracting a success fee. The court should not require a different or lower success fee for costs assessment proceedings than for the main proceedings, as a single success fee applies throughout.

Court Disposition

Appeal allowed (by majority)

Orders

  • The fees of the independent costs draftsmen are to be treated as base costs, not disbursements, and attract a success fee under the CCFA.
  • No requirement for a different or lower success fee for the costs assessment proceedings.