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

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll