Bright v Motor Insurers' Bureau [2014] EWHC 1557 (QB) (15 May 2014)
The Master did not err in principle or assessment; the 30% success fee reflected the real risk at the time of CFA entry, mainly contributory negligence and Part 36 offers, and was within the reasonable bracket for such cases.
- Citation
- [2014] EWHC 1557 (QB)
- Parties
- Claimant/appellant: Mrs Carol Bright; Second Defendant/respondent: Motor Insurers' Bureau
- Jurisdiction
- England and Wales
- Judgment Date
- 15 May 2014
- Procedural Posture
- Appeal From Costs Assessment / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Conditional Fee Agreements, Success Fees, Detailed Assessment, Personal Injury, Road Traffic Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Carol Bright
Claimant/appellant
Motor Insurers' Bureau
Second Defendant/respondent
Procedural Posture
Appeal From Costs Assessment / Appeal Judgment
Legal Issues
- 1 Whether the reduction of the solicitors' success fee from 75% to 30% was reasonable
- 2 Whether the Costs Judge erred in principle or assessment of risk
- 3 Applicability of CPR 45.16 to high value claims
Ratio Decidendi
The Master did not err in principle or assessment; the 30% success fee reflected the real risk at the time of CFA entry, mainly contributory negligence and Part 36 offers, and was within the reasonable bracket for such cases.
Court Disposition
Appeal dismissed
Orders
- Detailed assessment of costs remitted to Master Rowley or another Costs Judge
- Claimant to pay Respondent's costs of appeal, to be assessed if not agreed
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