James v Ireland [2015] EWHC 1259 (QB) (05 May 2015)

James v Ireland [2015] EWHC 1259 (QB) (05 May 2015)

The trial of the liability issue had not commenced on 8 or 9 June 2011 because only procedural applications and adjournments occurred; no substantive contested hearing on liability began. Therefore, the claim for a 100% success fee uplift fails.

Citation
[2015] EWHC 1259
Parties
Appellant / Defendant: Colin James; Respondent / Claimant: David Andrew Ireland
Jurisdiction
England and Wales
Judgment Date
05 May 2015
Procedural Posture
Appeal From Costs Decision in Road Traffic Accident Claim / High Court Appeal From Master Campbell's Order on Success Fee Entitlement
Outcome
Appeal allowed; claim for 100% success fee uplift dismissed.
Legal Topics
Conditional Fee Agreements, Success Fees, Commencement of Trial, CPR 45, Road Traffic Accident Claims
Civil Procedure Costs Conditional Fee Agreements Success Fees Commencement of Trial CPR 45 Road Traffic Accident Claims

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Parties

Colin James

Appellant / Defendant

David Andrew Ireland

Respondent / Claimant

Procedural Posture

Appeal From Costs Decision in Road Traffic Accident Claim / High Court Appeal From Master Campbell's Order on Success Fee Entitlement

Legal Issues

  1. 1 Whether the trial of the liability issue had commenced for the purposes of CPR 45.15(6)(b) and entitlement to a 100% success fee uplift

Ratio Decidendi

The trial of the liability issue had not commenced on 8 or 9 June 2011 because only procedural applications and adjournments occurred; no substantive contested hearing on liability began. Therefore, the claim for a 100% success fee uplift fails.

Court Disposition

Appeal allowed; claim for 100% success fee uplift dismissed.

Orders

  • The claim for a 100% increase in solicitor's and barrister's fees is dismissed.
  • Counsel to calculate the consequential increase in fees at the lower rate.