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Monday 19th April 2004
Bowen & Ors v Bridgend County Borough Council
CJ O'Hare, SCCO, 25.03.04
Ten claimants’ successfully brought housing disrepair cases. Their solicitor conducted the litigation under a CFA and sought a success fee of 100%. However the cost judge held that the firm had materially breached the CFA Regulations 2000 by failing to give adequate advice by pointing out the availability and advantages of legal aid for such cases. There was a materially adverse affect upon the claimants because of the 13.9% rate of interest charged on Fastrack loan as well as the cost of uncovered expenses. As a consequence he held that the maximum liability for the defendant was in respect of paid disbursements and restricted to a cap of £1,000. In the alternative he assessed the success fees at 25% noting that these were more complicated than RTA schemes and that in six cases defences had been filed.
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