Mr Finnan appealed against a decision requiring him to pay his former solicitors, Candey Ltd, £120,000. The appeal focused on the enforceability of a Conditional Fee Agreement (CFA); Mr Finnan mounting no fewer than four attacks, one of which have led to important clarification.
Background
The dispute arose when Mrs. Atay, who was involved in financial remedy proceedings against her ex-husband, hired Michael Glaser KC and Victoria Miller, a junior counsel, for a trial listed in September 2020. The trial was postponed following a successful adjournment application by her ex-husband. The barristers sought to enforce a payment term agreed in their letter of engagement, which required the bulk of the fees—£90,000 for Glaser and £45,000 for Miller—by August 2020.
Upholding Costs Judge Leonard’s decision, the Court of Appeal has cleared the way for Georgian businessman Bidzina Ivanishvili to pursue a Solicitors Act assessment of Signature Litigation’s bills of almost £13 million….should he wish to do so some time in the future.
The large-scale litigation concerned the beneficial ownership of significant assets of a deceased. The claimant bettered his Part 36 offer at trial and following the handing down of the judgment made an application to vary his approved budget under CPR 3.15A.
A three-day hearing took place last month to consider common costs budgets for two tranches of the mega-sized emissions litigation, as well as a further wedge of general costs (those running alongside but not specifically related to either of the two tranches). The parties’ incurred and estimated costs were put at nearly £650 million combined, this to progress the Pan NOx Emissions litigation to somewhere short of its halfway point (in fact, as little as one third of the way to the finish line in the estimation of the judges).
For those with an interest in legal costs, here are links to a few judgments released in June 2024, all addressing interesting – but far from workaday – costs issues:
A most enjoyable evening at the inaugural Diversity Network Awards Awards hosted by Dawn Butler MP. At a...
Denovo legal services were in attendance at the The British Diversity Awards which took place on...
Denovo attended a fundraiser for Kate Osborne MP on 19 March. Bell Ribiero-Addi (Streatham) Fran...
A fabulous evening at the European Diversity Awards 2023. Congratulations to all of the winners,...
Denovo Legal Services is pleased to be sponsoring the outstanding LGBTQI Network of the Year Award at...
The Denovo Legal Service Marketing Campaign of the Year Award was presented to the winners...
We are proud to announce that we will be sponsoring the European Diversity Awards 2021. The awards...
We are proud to announce that we will be sponsoring the British Diversity Awards 2022. The awards...
A memorable evening at the Bank of London Rainbow Honours awards last week. Although the focus of...
Education/admissions
Afqar is involved in the firm's diversity initiatives and a keen advocate for social mobility and opportunities for all.
Afqar was amongst the first in our profession become a regulated Costs Lawyer. He enjoys rights of audience in relation all costs proceedings.
Afqar is also an accredited training provider.
Experience and notable cases
Kuwait Airways Corporation (KAC) –v- Iraqi Airways Company (IAC) – Following the longest running commercial case in the history of the English courts I prepared KAC’s massive costs claim, one the largest ever to reach the doors of the Senior Courts Costs Office. Legal costs claim of >£40M.
Pharma patent litigation – I was instructed by a leading global law firm on behalf of the successful parties in patent infringement and revocation proceedings involving some of the world’s largest pharmaceutical companies. Legal costs claim of >£5M.
Telecoms patent litigation – I was instructed by a top tier specialist firm of patent litigators to prepare various complex costs statements following trials and appeals involving some of the world’s largest technology corporations. Legal costs claim of >£10M.
High-profile costs claim following failed £100M civil recovery proceedings – instructed by a market leading international litigation team acting for a foreign citizen whose worldwide assets were subject of a civil recovery claim brought by the National Crime Agency (NCA). My team and I prepared a number of high value interrelated claims for costs on behalf of the successful party . Legal costs claim of >£5M.
Excalibur Ventures v Texas Keystone – The case generated several decisions of wider importance in the legal costs field (relating to security for costs, indemnity costs, and the availability of a non-party costs order against professional funders – a point on which the Association of Litigation Funders also intervened). I prepared the successful party's costs breakdowns and provided witness statements in support of its security for costs applications. Following the conclusion of the substantive litigation I prepared the defendant’s £20M> costs breakdown.
Challenge to remuneration and expenses of joint administrators – instructed by a market leading international litigation team: I was instructed to prepare a detailed challenge to the charges of a global financial consultancy and their advisers (including two high-profile international law firms), in connection with the administration of a UK energy supplier. The application for assessment of fees and expenses of >£5M under the Insolvency Act 1986 was the first significant challenge of its kind in 20 years.
Education
LLB (Hons) – University of London (1994)
LLM (Distinction) – University of East Anglia (2018)
PhD (law) - University of East Anglia (2024)
Professional and research interests: Costs law and practice, litigation funding, responsibility theory, vicarious liability, products liability, litigation practice, philosophical foundations of tort law. My doctoral thesis examined relationships between (pre-moral, pre-legal) outcome responsibility and strict tortious obligations of repair. Time permitting, future research output will address aspects of costs law and practice, third party litigation funding, as well as approaches to responsibility for harm caused by intelligent products (for ‘algorithmic accidents’).
