The court ordered the reduction of the success fees agreed between the claimant and her solicitors from 100% to 15%. The case was nearly a stone cold certainty.
Judges:
Lord Justice Brooke (Vice President Of The Court Of Appeal, Civil Division) Lord Justice Latham Lord Justice Neuberger The Vice President Of The Court Of Appeal (Civil Division)
Citations:
[2005] EWCA Civ 210, Times 18-Mar-2005
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Atack v Lee and Another CA 16-Dec-2004
Defendant insurers had challenged conditional fee agreements involving a two stage success fee. Both cases took place before limitations were introduced by Callery v Gray.
Held: It would be wrong to apply Callery v Gray retrospectively. A two . .
Cited – Callery v Gray (1) and (2) HL 27-Jun-2002
Success fees and ATE premiums were recoverable
Objection was made to a claimed uplift of 20% sought by the plaintiff’s solicitors. The defendant’s insurers said that there had been little at risk for them.
Held: The system of conditional fees insurance had been introduced to remedy defects . .
Lists of cited by and citing cases may be incomplete.
Costs, Personal Injury
Updated: 29 June 2022; Ref: scu.223300