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Contract – Construction. The claimants brought claims for passing off and trade mark infringement. The latter claim was stayed, but the claimants succeeded on the former claim. The defendants appealed against a decision by a master that a conditional fee agreement (CFA) between the claimants and their solicitors entitled the claimants, in principle, to recover, from the defendants, their solicitors' base costs, a success and certain disbursements. The defendants contended that the master had erred in holding that the claimants had 'won the claim' when there had been no final determination of the trade mark infringement claim. The Chancery Division, in dismissing the appeal, held that, on the true construction of the CFA, it was not necessary to have reached a final decision on the whole claim for the claimants or their solicitors to be able to tell whether on not the claim had been finally decided in the claimants' favour.
Contract – Construction. The claimants brought claims for passing off and trade mark infringement. The latter claim was stayed, but the claimants succeeded on the former claim. The defendants appealed against a decision by a master that a conditional fee agreement (CFA) between the claimants and their solicitors entitled the claimants, in principle, to recover, from the defendants, their solicitors' base costs, a success and certain disbursements. The defendants contended that the master had erred in holding that the claimants had 'won the claim' when there had been no final determination of the trade mark infringement claim. The Chancery Division, in dismissing the appeal, held that, on the true construction of the CFA, it was not necessary to have reached a final decision on the whole claim for the claimants or their solicitors to be able to tell whether on not the claim had been finally decided in the claimants' favour.
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