The Weekly Law Reports
[2015] 1 WLR 3485
Supreme Court
*Lawrence and another v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening)
[2015] UKSC 50
2015 Feb 9,
10,
12;
July 22
Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond DPSC, Lord Mance, Lord Clarke of Stone-cum-Ebony JJSC, Lord Dyson MR, Lord Sumption, Lord Carnwath JJSC
Costs— Order for costs— Success fees and after the event insurance premiums— Costs regime in place between 1999 and 2013 allowing for recovery of such fees and premiums— Claim brought in nuisance in 2009— Claimants entering into conditional fee agreement with provision for success fees for counsel and solicitors, having also paid after the event insurance premium— Judge finding for claimants and ordering defendants to pay 60% of success fee and of premium in addition to claimants’ base costs— Defendants’ liability in costs far in excess of value of claim— Whether requirement to pay claimant’s success fee and premium in breach of defendants’ Convention rights to fair trial and to enjoyment of possessions— Whether success fee and premium recoverable— Whether judge’s costs order to stand—
Courts and Legal Services Act 1990 (c 41), s 58A(6)(7) (as inserted by Access to Justice Act 1999 (c 22), s 27)
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Access to Justice Act 1999, s 29
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CPR r 43.2(1)(a)(o); Costs Practice Direction supplementing CPR Pts 43–48, paras 11.7, 11.9