Begum v Klarit

Begum v Klarit

Given the minimal risk to the respondent in resisting the appeal, a success fee of 15 per cent is appropriate; higher success fees of 70 or 100 per cent are unjustified and undermine the conditional fee regime.

Parties
Respondent/claimant: Mrs Alfa Begum; Appellant/defendant: Mrs Supin Klarit
Jurisdiction
England and Wales
Judgment Date
15 February 2005
Procedural Posture
Civil Appeal / Judgment on Appeal and Summary Assessment of Costs
Outcome
Appeal dismissed with minor variation; success fees reduced.
Legal Topics
Conditional Fee Agreements, Success Fees, Summary Assessment of Costs
Civil Procedure Costs Conditional Fee Agreements Success Fees Summary Assessment of Costs

Case Brief

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Parties

Mrs Alfa Begum

Respondent/claimant

Mrs Supin Klarit

Appellant/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal and Summary Assessment of Costs

Legal Issues

  1. 1 What is the appropriate level of success fee in a conditional fee agreement for an appeal with minimal litigation risk?
  2. 2 Should the court approve or reduce the success fee agreed between counsel, solicitors, and client?

Ratio Decidendi

Given the minimal risk to the respondent in resisting the appeal, a success fee of 15 per cent is appropriate; higher success fees of 70 or 100 per cent are unjustified and undermine the conditional fee regime.

Court Disposition

Appeal dismissed with minor variation; success fees reduced.

Orders

  • Success fees for both counsel and solicitors reduced to 15 per cent.