Loizou v Gordon & Anor [2012] EWHC 90221 (Costs) (21 August 2012)

The hearing on 21 July 2011 was the commencement of a contested hearing on liability; it had commenced before the claim settled. Therefore, the Second Defendant's solicitors are entitled to a 100% success fee under CPR Part 45 Section III.

Citation: [2012] EWHC 90221 (Costs)
Parties: Claimant: Mr. George Loizou; First Defendant: Mr. Nathan Gordon; Second Defendant: Mr. Yianni Patsias
Jurisdiction: England and Wales
Judgment Date: 21 August 2012
Procedural Posture: Costs Assessment Following Road Traffic Accident Litigation / Assessment of Second Defendant's Costs Payable by First Defendant
Outcome: Second Defendant's solicitors entitled to a 100% success fee; costs to be assessed accordingly.
Legal Topics: Conditional Fee Agreements, Success Fees, CPR Part 45, Road Traffic Accident, Costs Assessment

Civil Procedure Costs Conditional Fee Agreements Success Fees CPR Part 45 Road Traffic Accident Costs Assessment

Case Brief

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Parties

Mr. George Loizou

Claimant

Mr. Nathan Gordon

First Defendant

Mr. Yianni Patsias

Second Defendant

Procedural Posture

Costs Assessment Following Road Traffic Accident Litigation / Assessment of Second Defendant's Costs Payable by First Defendant

Legal Issues

1 Whether the Second Defendant's solicitors are entitled to a 100% or 12.5% success fee under CPR Part 45 Section III

Ratio Decidendi

Court Disposition

Second Defendant's solicitors entitled to a 100% success fee; costs to be assessed accordingly.

Orders

First Defendant to pay Second Defendant's costs with a 100% success fee as per CPR Part 45 Section III.