“Further decision on the Assignment of CFAs from Master Rowley in the SCCO”

In Webb v London Borough of Bromley 2016 (unreported), the Claimant challenged a decision by Master Rowley following the Provisional Assessment of the Claimant’s Bill of Costs. Within the Provisional Assessment, Master Rowley had found an assigned CFA between Lefevre LLP to Glamorgan Law LLP (on behalf of the Claimant) to be unenforceable as it failed to comply with the CFA Order 2013. The Master awarded no fees following the transfer to Glamorgan Law LLP other than disbursements paid directly by the Claimant.

The Claimant proceeded to challenge that decision and the matter proceeded to an oral hearing on 18 February 2016. Master Rowley listened to submissions on behalf of both parties but again concluded at paragraphs 60 and 61 of the Judgment that the CFA was unenforceable and that the assigned document failed to comply with the fundamental features of a CFA post 01 April 2013. The Master confirmed that “non-compliance with the Regulations is fatal” and proceeded to revise his original decision and concluded that “those costs relating to Glamorgan Law LLP are not recoverable either as to base costs or as to the success fee”.

Any questions? Please contact Joanne Chase at joanne.chase@clarionsolicitors.com or call on 0113 336 3327

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