In December Forest Costing Service Ltd was involved in a successful appeal against an order made in Wolverhampton County Court for disclosure of a Collective Conditional Fee Agreement. The Appeal Judge agreed that the document was commercially sensitive and that there was no need for the Deputy District Judge to look beyond the certificates on the bill under the ‘Bailey’ principle.
The result heralds an excellent victory for the Claimant and is suggestive that the Courts are making it increasingly difficult for paying parties to seek disclosure of CFAs and CCFAs. Perhaps Henry LJ’s “presumption of trust” will once again be the starting point…we shall see! 