header-logo header-logo

08 January 2016
Issue: 7681 / Categories: Case law , Judicial line , In Court
printer mail-detail

Little claimants, big success fees

CPR PD 21, par 11.3 applies where a claimant’s litigation friend (at the instigation of the claimant’s solicitor) seeks to have what is more often than not 25% of the claimant’s damages paid to the claimant’s solicitor by way of a conditional fee agreement success fee. Is it proper for a judge to decline to approve the settlement on the sole ground that the success fee sought is excessive? If the judge does approve subject to only part of the success fee sought being clawed back from the damages, does that put the litigation friend in peril of being sued for the shortfall?

It is not uncommon for the judge to be unhappy about the size of the success fee in an uncomplicated claim where there could never have been any serious argument about liability or quantum. A typical example is a whiplash claim by child claimant in a motoring accident where it is plain as a pikestaff that the defendant was entirely negligent for the accident. Nor is it uncommon for the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll