Crocker Enterprises v Giordano


Reference:
[2015] EWHC 1754

Date:
28th June 2014

Court:
Chancery Division

Facts:

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.  


Judge:
Mann J.

Comment:

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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