Burton & Anor v Kingsley & Anor [2005] EWHC 1034 (QB) (25 May 2005)

Burton & Anor v Kingsley & Anor [2005] EWHC 1034 (QB) (25 May 2005)

The reasonable uplift under the CFAs, assessed at the time of agreement, was 50% given the complexity and risks, but not as high as 100%. The defendants' conduct in maintaining denial of liability until trial was not unreasonable or outside the norm, so costs should be assessed on the standard basis.

Citation
[2005] EWHC 1034 (QB)
Parties
Claimant: Anthony Burton; Claimant: Jennifer Haynes; First Defendant: Guy Kingsley; Second Defendant: Leonard Harper
Jurisdiction
England and Wales
Judgment Date
25 May 2005
Procedural Posture
Personal Injury Claim Arising From Road Traffic Accident / Post Settlement, Determination of Costs Issues
Outcome
Claimants allowed a 50% uplift under CFAs; costs to be assessed on the standard basis; claimants' costs of the issues in this judgment to form part of liability costs payable by first defendant.
Legal Topics
Conditional Fee Agreements, Costs Assessment, Indemnity Costs, Success Fee Uplift
Civil Procedure Personal Injury Conditional Fee Agreements Costs Assessment Indemnity Costs Success Fee Uplift

Case Brief

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Parties

Anthony Burton

Claimant

Jennifer Haynes

Claimant

Guy Kingsley

First Defendant

Leonard Harper

Second Defendant

Procedural Posture

Personal Injury Claim Arising From Road Traffic Accident / Post Settlement, Determination of Costs Issues

Legal Issues

  1. 1 What is the reasonable percentage uplift under the claimants' CFAs?
  2. 2 Should costs be assessed on the indemnity basis or standard basis?

Ratio Decidendi

The reasonable uplift under the CFAs, assessed at the time of agreement, was 50% given the complexity and risks, but not as high as 100%. The defendants' conduct in maintaining denial of liability until trial was not unreasonable or outside the norm, so costs should be assessed on the standard basis.

Court Disposition

Claimants allowed a 50% uplift under CFAs; costs to be assessed on the standard basis; claimants' costs of the issues in this judgment to form part of liability costs payable by first defendant.

Orders

  • Allowable uplift under CFAs set at 50%.
  • Claimants' costs in relation to liability to be assessed on the standard basis.