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Monday 12th January 2004
Thornley v Lang CA Times 31.10.2003
The paying party brought a challenge to the recoverability of a success fee under the indemnity principle. The claimant brought the litigation with the benefit of a valid Collective Conditional Fee Agreement (‘CCFA’) operated by his union. The defendant’s insurers argued that the claimant had no obligation to pay a success fee to his solicitors and therefore had no right to recover the fee from the defendant.
The court held that the Collective Conditional Fee Agreements Regulations (SI 2000 No 2988) laid down much less exacting requirements for the form and contents of collective conditional fee agreements. As the Claimant was not subject to the Conditional Fee Agreements Regulations he was able to establish the necessary legal liability and recover costs without infringing the indemnity principle.
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