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 matters and adjournments were dealt with; the final contested hearing did not begin. Therefore, the claim for a 100% success fee uplift fails.

Citation
[2015] EWHC 1259 (QB)
Parties
Appellant / Defendant: Colin James; Respondent / Claimant: David Andrew Ireland
Jurisdiction
England and Wales
Judgment Date
05 May 2015
Procedural Posture
Appeal From Costs Order in Road Traffic Accident Claim / High Court Appeal From Master Campbell's Order
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

Case Brief

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Parties

Colin James

Appellant / Defendant

David Andrew Ireland

Respondent / Claimant

Procedural Posture

Appeal From Costs Order in Road Traffic Accident Claim / High Court Appeal From Master Campbell's Order

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 matters and adjournments were dealt with; the final contested hearing did not begin. Therefore, the claim for a 100% success fee uplift fails.

Court Disposition

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

Orders

  • Counsel to calculate the consequential increase in fees based on the lower success fee uplift.