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ON APPEAL FROM
THE CENTRAL LONDON COUNTY COURT
(His Honour Judge Mitchell)
Strand London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE FLOYD
LORD JUSTICE SIMON
____________________
ENGEHAM |
Applicant |
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- and - |
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LONDON & QUADRANT HOUSING TRUST AND ANOTHER |
Respondents |
____________________
WordWave International Ltd
trading as DTI
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
Official Shorthand Writers to the Court)
Mr R Mallalieu (instructed by Anthony Gold) appeared on behalf of the Respondent
____________________
Crown Copyright ©
LORD JUSTICE FLOYD:
- "Your claim against the defendants for damages for personal injury suffered on 9 March 2008;
- Any appeal by your opponent;
- Any appeal you make against an interim order or an assessment of costs;
- Any proceedings you take to enforce a judgement, order or agreement;
- Negotiations about and/or a court assessment of the costs of this claim."
There was then a separate part related to what was not covered. Under the heading, "Paying us", there was this clause:
"If you win your claim, you pay our basic charges, our disbursements and a success fee. You are entitled to seek recovery from your opponent of part or all of our basic charges, our disbursements, a success fee and insurance premium as set out in the document 'Conditional Fee Agreements: what you need to know'."
"Your claim for damages is finally decided in your favour, whether by a court decision or an agreement to pay you damages or in any way that you derive benefit from pursuing the claim. 'Finally' means that your opponent:
- is not allowed to appeal against the court decision; or
- has not appealed in time; or
- has lost any appeal."
"2. [APL] do pay the Claimant's costs of this action, such costs to be assessed on a standard basis by way of detailed assessment if not agreement.
4. Upon payment by [APL] of the agreed sum and costs, [L & Q and APL] be discharged from all further liability to the Claimant in respect of the claims made by the Claimant in this action.
Schedule
1. The Claimant has agreed to accept the sum of £10,000 plus costs in full and final settlement of the claims brought in this action.
2. The sum of £10,000 be paid by [APL] to the Claimant's solicitors by 4 pm on 26 July 2011."
LORD JUSTICE SIMON
MASTER OF THE ROLLS
Order: Appeal dismissed