4VVV LTD & Ors v Nicholas Spence & Ors

4VVV LTD & Ors v Nicholas Spence & Ors

Non-compliance with Regulation 13 does not render the retainer unenforceable; Claimants are entitled to costs recovery unless restricted by the Costs Sharing Order, which prevents Corporate Claimants from recovering costs on a joint liability basis.

Parties
Claimant: 4VVV Ltd; Claimant: Claimants listed in Schedule 1 to the Claim Form; Defendant: Nicholas Spence; Defendant: Derek Kewley; Defendant: Defendants 3 to 6 and 8 to 13
Jurisdiction
England and Wales
Judgment Date
03 October 2025
Procedural Posture
Commercial / Post Trial Consequential Hearing
Outcome
Claimants’ entitlement to costs recovery upheld except for Corporate Claimants’ joint liability claim, which fails due to the Costs Sharing Order.
Legal Topics
Costs Recovery, Indemnity Principle, Consumer Contract Regulations, Joint and Several Liability
Civil Procedure Contract Law Costs Recovery Indemnity Principle Consumer Contract Regulations Joint and Several Liability

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Parties

4VVV Ltd

Claimant

Claimants listed in Schedule 1 to the Claim Form

Claimant

Nicholas Spence

Defendant

Derek Kewley

Defendant

Defendants 3 to 6 and 8 to 13

Defendant

Procedural Posture

Commercial / Post Trial Consequential Hearing

Legal Issues

  1. 1 Whether breach of Regulation 13 of the Consumer Contracts Regulations 2013 renders solicitor-client retainers unenforceable for costs recovery
  2. 2 Whether Corporate Claimants have joint and several liability for solicitors’ costs
  3. 3 Effect of the Costs Sharing Order on entitlement to costs recovery

Ratio Decidendi

Non-compliance with Regulation 13 does not render the retainer unenforceable; Claimants are entitled to costs recovery unless restricted by the Costs Sharing Order, which prevents Corporate Claimants from recovering costs on a joint liability basis.

Court Disposition

Claimants’ entitlement to costs recovery upheld except for Corporate Claimants’ joint liability claim, which fails due to the Costs Sharing Order.

Orders

  • Claimants entitled to costs recovery on several basis only, not joint liability for Corporate Claimants.
  • No variation of the Costs Sharing Order.