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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> C v W  EWCA Civ 1459 (19 December 2008)
Cite as:  EWCA Civ 1459,  RTR 17,  CP Rep 20
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CAMBRIDGE COUNTY COURT
(His Honour Judge O'Brien)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE THOMAS
LORD JUSTICE MOORE-BICK
MASTER HURST (Senior Costs Judge)
(a patient acting by her litigation friend Jocelyn Fox)
|- and –
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Mr. Andrew Post (instructed by Taylor Vinters) for the respondent
Hearing dates : 2nd October 2008
Crown Copyright ©
Lord Justice Moore-Bick:
"(1) A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement; but (subject to subsection (5)) any other conditional fee agreement shall be unenforceable.
(2) For the purposes of this section
(a) a conditional fee agreement is an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances; and
(b) a conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would be payable if it were not payable only in specified circumstances."
"2(1) A conditional fee agreement must specify
(a) . . .
(b) the circumstances in which the legal representative's fees and expenses, or part of them, are payable,
. . . . . . . . . .
3(1) A conditional fee agreement which provides for a success fee
(a) must briefly specify the reasons for setting the percentage increase at the level stated in the agreement, . . .
(2) If the agreement relates to court proceedings, it must provide that where the percentage increase becomes payable as a result of those proceedings, then
(a) . . .
(i) any such fees are assessed, and
(ii) any amount in respect of the percentage increase is disallowed on the assessment on the ground that the level at which the increase was set was unreasonable in view of facts which were or should have been known to the legal representative at the time it was set,
that that amount ceases to be payable under the agreement, unless the court is satisfied that it should continue to be so payable . . ."
"5 What happens if you win at Court but fail to beat an offer of settlement or payment into Court?
If we advise you to reject an offer of settlement or payment into court and the case goes ahead to trial where you are awarded damages which are equal to or less than the offer or payment in:-
- you do not have to pay any of our basic costs or percentage increase for the work done after we receive notice of the offer or payment in;"
Lord Justice Thomas:
Lady Justice Arden: