Brown v Russell Young & Co [2007] EWCA Civ 43, [2007] All ER (D) 287 (Jan)
The claimants’ solicitors incurred generic costs in anticipation of the launch of group litigation, but a group litigation order was never made. There was a conditional fee arrangement (CFA) between the claimants and the solicitor, but this did not specify that generic costs were recoverable.
HELD In such circumstances, where claims settled before proceedings began and there was no opportunity for a costs-sharing order to be made, the claimants could recover generic costs under the terms of the CFA if those terms were wide enough to encompass such costs. There is no need for any additional or collateral agreement relating to generic costs.
