Crocker Enterprises v Giordano

[2015] EWHC 1754

28th June 2014

Chancery Division


The defendant sought to transfer an action out of the High Court.  Conditional fee agreements had been entered into shortly before the new costs regime had come into force.  

Mann J.


The court held that the existence of the CFA was not determinative but was of significant weight.  It had been entered into at a time when it would have had its full effect in terms of recovery if the claimant was successful and when the proceedings were proceeding in a court where there would have been that expectation. To compel a transfer would deprive the claimant of legitimate advantages.

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