Atack v Lee & Anor

Atack v Lee & Anor

In Atack, the district judge's assessment of a 50% success fee was within the reasonable range based on the risks as they appeared at the time, and the appeal was dismissed. In Ellerton, there were no factors justifying a success fee above 20%, and the appeal was allowed to reduce the success fee to 20%.

Parties
Claimant/appellant: Lee Anthony Atack; Defendant/respondent: Michael Edward Lee; Defendant/respondent: Alan Grechan; Claimant/respondent: Hilda Mae Ellerton; Defendant/appellant: John Horace Tait Harris
Jurisdiction
England and Wales
Judgment Date
16 December 2004
Procedural Posture
Civil Appeal (costs Assessment) / Appeal From County Court to Court of Appeal (civil Division)
Outcome
Atack v Lee: Appeal dismissed; Ellerton v Harris: Appeal allowed in part (success fee reduced to 20%)
Legal Topics
Conditional Fee Agreements, Success Fees, Personal Injury, Road Traffic Accidents, Costs Assessment
Civil Procedure Costs Conditional Fee Agreements Success Fees Personal Injury Road Traffic Accidents Costs Assessment

Case Brief

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Parties

Lee Anthony Atack

Claimant/appellant

Michael Edward Lee

Defendant/respondent

Alan Grechan

Defendant/respondent

Hilda Mae Ellerton

Claimant/respondent

John Horace Tait Harris

Defendant/appellant

Procedural Posture

Civil Appeal (costs Assessment) / Appeal From County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 What is a reasonable and proportionate success fee under a conditional fee agreement (CFA) in personal injury claims arising from road traffic accidents under the pre-October 2003 costs regime?
  2. 2 Should the success fee exceed the 20% guideline set in Callery v Gray for straightforward cases?
  3. 3 Was the district judge's assessment of risk and resulting success fee reasonable in each case?

Ratio Decidendi

In Atack, the district judge's assessment of a 50% success fee was within the reasonable range based on the risks as they appeared at the time, and the appeal was dismissed. In Ellerton, there were no factors justifying a success fee above 20%, and the appeal was allowed to reduce the success fee to 20%.

Court Disposition

Atack v Lee: Appeal dismissed; Ellerton v Harris: Appeal allowed in part (success fee reduced to 20%)

Orders

  • Atack v Lee: Success fee set at 50% stands; appeal dismissed.
  • Ellerton v Harris: Success fee reduced to 20%; appeal allowed to this extent.