Category Success Fees

PROPORTIONALITY CONQUERS ALL? PROFIT COSTS (AND COUNSEL’S FEES) HALVED

The decision of Master Gordon-Saker in BNM -v-MGN Limited [2016] EWHC B13 (Costs) has already received widespread publicity. The principle of proportionality was used to halve profit costs and counsel’s fees and make a substantial reduction on the insurance premium. “…. I propose that in an assessment of costs on the standard basis, proportionality should […]

SUCCESS FEES:DEDUCTIONS FROM DAMAGES WHERE CLAIMANT IS UNDER A DISABILITY

The issue of deductions of success fees in cases when the claimant is under a disability remains a difficult one. I am grateful to Jane McBennett of Morrish Solicitors in Bradford for the attached note in relation to a court permitting a success fee to be deducted. “RMS (Protected Party) –v- A & J M […]

ASSIGNMENT OF CFAS: ROUND 2: ASSIGNMENT CAN TAKE PLACE

In the judgment today in Jones -v- Spire Healthcare Ltd His Honour Graham Wood QC had to determine the issue of whether a CFA can be assigned. The full judgment is an attachment to this post and is available here  Jones-v-Spire-Healthcare-Limited-Judgment-of-HH-Judge-Wood-QC. The judge decided that a CFA had a sufficient degree of certainty so as […]

THE SOLICITOR, THE LIQUIDATOR AND THE CFA: STEVENSDRAKE THE JUDGMENT AT TRIAL

In Stevensdrake -v- Hunt [2016] EWHC 342 (Ch) His Honour Judge Simon Barker QC (sitting as a judge of the High Court) decided that, despite the clear wording of a conditional fee agreement,  the defendant was not personally liable to pay costs to a solicitor.  The agreement, in reality, was that the solicitor would only […]

CHILDREN, SUCCESS FEES AND DEDUCTIONS FROM DAMAGES : AN IMPORTANT JUDGMENT

The question of child claimants and deductions from damages remains a live and controversial one. The judgment on this issue of the regional costs judge,District Judge Lumb in A & B -v- The Royal Mail Group  [2015] EW Misc B24(CC)(14th August 2015) is set out below and also as an attachment to this post. The judgment is […]