Risk Assessment

Two Stage Pre LASPO Success Fees In Clinical Negligence Cases

The Claimant’s solicitors appealed a decision of Master James (costs judge) to reduce their success fee in this high value clinical negligence claim from 80% to 50%.


Court Of Appeal Upholds Decision To Disallow £1m Additional Liabilities Following Funding Switch

The Court of Appeal has upheld the decision of both Master Rowley (costs judge) and Jay J on appeal to disallow additional liabilities in the form of success fees (for both solicitors and counsel) and ATE premium claimed in the sum of £1,078,972.72.

XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB)

Switch to Pre LASPO CFA following discharge of funding certificate deemed unreasonable

Applying the principles laid down in Surrey v Barnet And Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451 Mr Justice Jay dismissed this appeal against a Costs Judge’s disallowance of additional liabilities including a success fee of over £300,000 following a switch from legal aid funding to CFA in 2012.


Retrospective CFAs and Success Fees

A retrospective success fee in a retrospective conditional fee agreement was not contrary to public policy.