Informed Consent

CPR 46.9(3): Informed Consent In Solicitors Act Detailed Assessments

Master Victoria McCloud (sitting as a Deputy Costs Judge in the SCCO) determined preliminary issues in the course of a proceeding under the Solicitors Act 1974, namely:
whether the entirety of the solicitors’ fees were incurred with the client’s consent in the sum claimed; or, alternatively
if not whether at least the level of success fee was incurred with consent.

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.

15%

100% success fee model in low value personal injury claims shut down by Court of Appeal

The Court of Appeal has upheld the decisions of District Judge Bellamy (first instance) and Soole J (on appeal) that a 100% success fee in a low value personal injury claim which was fixed without any reference to the actual risk involved amounted to a cost of “an unusual nature or amount” under CPR 46.9(3)(c).

Jason-Rowley

Miscertification of a costs budget, success fees, hourly rates and ‘good reason to depart’

Master Rowley tackles a number preliminary points in a arising from a complex clinical negligence claim, including an alleged mis-certification of the claimant’s budget giving rise to an application under CPR 44.11, level of success fee and hourly rates and ‘good reason to depart’.

Assignment of CFA

Post-LASPO assignment of CFA does not extinguish a claimant’s right to recover success fee

Court of Appeal decides that a pre-April 1 2013 CFA was novated when a claimant agreed to instruct a replacement firm – but that LASPO transitional rules allow their success fee to be recovered regardless.

retrospective

Retrospective CFAs and Success Fees

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