Azim v Tradewise Insurance Services Ltd [2016] EWHC B20 (Costs) (22 August 2016)

Azim v Tradewise Insurance Services Ltd [2016] EWHC B20 (Costs) (22 August 2016)

The TLW CFA was not terminated by TLW, was validly assigned to Russell Worth Limited on 23 July 2014, and the assignment complied with Section 136 of the Law of Property Act 1925. There was no novation. The indemnity principle does not prevent recovery of costs incurred by the Claimant under the TLW CFA.

Source-derived case information.

Citation
[2016] EWHC B20 (Costs)
Parties
Claimant: Mohammed Azim; Defendant: Tradewise Insurance Services Limited
Jurisdiction
England and Wales
Judgment Date
22 August 2016
Procedural Posture
Detailed Costs Assessment / Post Settlement, Following Acceptance of Part 36 Offer
Outcome
Claimant entitled to recover costs incurred under the TLW CFA, payable by the Defendant.
Legal Topics
Conditional Fee Agreements, Assignment of Contracts, Personal Injury, Indemnity Principle
Civil Procedure Costs Law Conditional Fee Agreements Assignment of Contracts Personal Injury Indemnity Principle

Source-derived case record

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Parties

Mohammed Azim

Claimant

Tradewise Insurance Services Limited

Defendant

Procedural Posture

Detailed Costs Assessment / Post Settlement, Following Acceptance of Part 36 Offer

Legal Issues

  1. 1 Whether the TLW CFA was terminated by TLW at the time of assignment
  2. 2 Whether it was possible lawfully to assign the TLW CFA
  3. 3 Whether the assignment was effective

Ratio Decidendi

The TLW CFA was not terminated by TLW, was validly assigned to Russell Worth Limited on 23 July 2014, and the assignment complied with Section 136 of the Law of Property Act 1925. There was no novation. The indemnity principle does not prevent recovery of costs incurred by the Claimant under the TLW CFA.

Court Disposition

Claimant entitled to recover costs incurred under the TLW CFA, payable by the Defendant.

Orders

  • Costs payable to Claimant under TLW CFA, including costs incurred by TLW and Russell Worth Limited.