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England and Wales High Court (Senior Courts Costs Office) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Senior Courts Costs Office) Decisions >> C v M [2004] EWHC 90025 (Costs) (20 February 2003) URL: http://www.bailii.org/ew/cases/EWHC/Costs/2004/90025.html Cite as: [2004] EWHC 90025 (Costs) |
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No.8 of 2004
C v M
20 February 2003
Mr Justice Sumner (Sitting with Assessors at Manchester)
In this case a District Judge, on the grounds of delay, had disallowed a success fee of £42,537 out of a total bill for the claimant of £170,000, the success fee being £28,512 for the solicitors and £14,025 for counsel. No relief from this sanction had been sought.
The claimant had originally entered into a conditional fee agreement in 1999, but it had come to an end before the commencement of the Access to Justice Act 1999 (Transitional Provisions) Order 1999 on 1 April 2000. He entered into another CFA after that date.
The Judge construed the terms of the 1999 Order in the context of the facts of the case before him, and dismissed the claimant’s appeal. He held that in a transitional case such as this it was sufficient for a CFA to have been in existence sometime prior to 1 April 2000 for the restrictions as to recovery of success fees, etc, in the 1999 order to apply.
