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Walker & Ors v Burton & Anor [2013] EWHC 811 (Ch) - 19/04/13

Description

Cross appeals against an order made by an adjudicator in a fell title dispute apportioning the total of solicitors' costs between parties contractually liable under a conditional fee agreement and those who were not.

Held, inter alia: The general principle of equal apportionment of joint costs will not be applied so as to cause injustice to the paying or receiving party. The court will not impose penal consequences on parties who are willing to take responsibility for the costs of pursuing a community interest.

In the present case, the apportionment was not necessary to identify the costs properly incurred by the successful party and resulted in injustice to the conditional fee agreement clients.

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