Judge: Bidder J
Citation:  EWHC 2167 (QB)
For the purposes of a CFA, a claimant has ‘won’ when any head of relief claimed in the claim form is awarded, whether that is at first instance or on appeal.
A Claimant pharmaceutical company entered into a CFA with its solicitors in respect of Judicial Review proceedings brought against the Medicine & Healthcare Product Regulatory Agency (“MHRA”) and its refusal to classify certainHIS HONOUR JUDGE BIDDER QC products as medicinal products. If the Claimant achieved a “win”, they would be liable to pay the solicitor’s full charges and disbursements. If they lost, the charges would be capped at £15,000. The Claimant lost at High Court level, but appealed successfully to the Court of Appeal, which quashed the MHRA’s decision and remitted the matter for reconsideration. The MHRA was ordered to pay the majority of the Claimant’s costs at first instance and on appeal. In subsequent Part 8 proceedings, the Claimant sought delivery up of documents retained under a lien by their solicitors, who counterclaimed in respect of unpaid invoices. The Claimant submitted that they had not “won” under the CFA since, of the four heads of relief sought, two had not been successful. The Court held that the definition of “win” applied to the Court of first instance or the Appeal Court, awarding any head of relief claimed in the claim form. Two of the heads have been successful on appeal, so the Claimant had “won” under the CFA.