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Home > ATE Caselaw > Plevin (Respondent) v Paragon Personal Finance Limited (2017)

Plevin (Respondent) v Paragon Personal Finance Limited (2017)

Plevin (Respondent) v Paragon Personal Finance Limited (2017)


Background:

This judgment relates to a review of the costs assessment where the Respondent’s solicitors were acting under a conditional fee agreement (“CFA”) with After the Event insurance (“ATE”) cover.

The Respondents CFA and insurance were initially agreed in 2008 when the claim was first commenced, but the CFA was assigned and the After the Event insurance cover was topped up twice after the 1st April 2013 to deal with the appeals to the Court of Appeal and then Supreme Court.

The Issues:

The Supreme Court had to consider the recoverability of both a success fee under a CFA and the ATE insurance premium depended on the costs regime which was, subject to transitional provisions, brought to an end on 1st April 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”), specifically whether the main appeal and proceedings in the Supreme Court were the same proceedings as those commenced by the respondent in 2009.

The Appellant (and Defendant in the main proceedings) had argued that these variations were in effect new CFAs and covered by the transitional provisions of LASPO, therefore the success fee and ATE premium for the proceedings after the 1st April 2013 should not be recoverable.

It is important to note however, that both sides had agreed a CFA could be assigned in principle. The central  issue the Court had to decide therefore was the meaning of 'Work In Progress' was under this particular CFA.



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