Omnibridge Consulting Ltd. v Clearsprings (Management) Ltd. [2005] EWHC 90016 (Costs) (10 October 2005)

Omnibridge Consulting Ltd. v Clearsprings (Management) Ltd. [2005] EWHC 90016 (Costs) (10 October 2005)

The appropriate success fee for both solicitor and counsel is 50%, as the risk of the case was assessed at approximately 66% chance of success, and there was no valid distinction in risk between solicitor and counsel. The variation of the CFA was proper and not intended to improperly increase the opponent's liability.

Citation
[2005] EWHC 90016 (Costs)
Parties
Claimant's Solicitor: Mrs. Songhurst; Defendant's Advocate: Mr. Worman
Jurisdiction
England and Wales
Judgment Date
10 October 2005
Procedural Posture
Costs Assessment (success Fee Determination) / Post Appeal, Costs Determination
Outcome
Success fees for both solicitor and counsel set at 50%.
Legal Topics
Conditional Fee Agreements, Success Fees, Risk Assessment in Costs
Civil Procedure Costs Conditional Fee Agreements Success Fees Risk Assessment in Costs

Case Brief

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Parties

Mrs. Songhurst

Claimant's Solicitor

Mr. Worman

Defendant's Advocate

Procedural Posture

Costs Assessment (success Fee Determination) / Post Appeal, Costs Determination

Legal Issues

  1. 1 What is the appropriate success fee for solicitor and counsel in the appeal against the arbitrator's award?
  2. 2 Was the variation of the solicitors' CFA effective and proper?
  3. 3 Were the risk assessments for success fees properly conducted?

Ratio Decidendi

The appropriate success fee for both solicitor and counsel is 50%, as the risk of the case was assessed at approximately 66% chance of success, and there was no valid distinction in risk between solicitor and counsel. The variation of the CFA was proper and not intended to improperly increase the opponent's liability.

Court Disposition

Success fees for both solicitor and counsel set at 50%.

Orders

  • Success fee for solicitor allowed at 50%.
  • Success fee for counsel allowed at 50%.