Birmingham City Council v Forde [2009] EWHC 12 (QB) was the High Court hearing of Birmingham’s appeal from the High Court (Costs) case we reported on in August last year.
In short, the appeal was dismissed, and the judgment of the Costs Judge upheld, but in a lengthy and detailed judgment, there are some considerable differences to the reasoning and the findings of the Costs Judge that are worth noting. In particular, the new elements are:
i) the finding that there is no policy, or other, reason why CFAs, including the success fee, should not be retrospectively effective; (with the exception of when proceedings had been issued and notice of funding … Read the full post
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