Lamont v Burton [2007] EWCA Civ 429 (09 May 2007)
The mandatory language of CPR 45.16 prescribes a 100% success fee for solicitors' fees in RTA claims concluding at trial under a CFA, and the court has no discretion to award a different percentage except as provided in CPR 45.18. The general discretion under CPR 44.3 cannot be used to circumvent the fixed costs regime of Part 45.
- Citation
- [2007] EWCA Civ 429
- Parties
- Claimant/respondent: Tony Lamont; Defendant/appellant: James Burton
- Jurisdiction
- England and Wales
- Judgment Date
- 09 May 2007
- Procedural Posture
- Civil Appeal / Appeal From County Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Conditional Fee Agreements, Success Fees, Fixed Costs, Part 36 Offers, Road Traffic Accident Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Tony Lamont
Claimant/respondent
James Burton
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Legal Issues
- 1 Whether CPR 45.16(a) mandates a 100% success fee in all cases where a claim concludes at trial under a CFA in RTA claims, or whether the court has discretion to award a different percentage, particularly where a claimant fails to beat a Part 36 offer.
Ratio Decidendi
The mandatory language of CPR 45.16 prescribes a 100% success fee for solicitors' fees in RTA claims concluding at trial under a CFA, and the court has no discretion to award a different percentage except as provided in CPR 45.18. The general discretion under CPR 44.3 cannot be used to circumvent the fixed costs regime of Part 45.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
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