Lamont v Burton

Lamont v Burton

The court cannot use the general discretion under CPR 44.3 to award a different success fee from that prescribed by CPR 45.16. The fixed costs regime is mandatory and exhaustive except where expressly provided otherwise. The appeal is dismissed because the rules do not permit the court to award a 12.5% success fee where the claim concludes at trial and rule 45.16 prescribes 100%.

Parties
Claimant/respondent: Tony Lamont; Defendant/appellant: James Burton
Jurisdiction
England and Wales
Judgment Date
09 May 2007
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Success Fees, Costs Assessment, Part 36 Offers, Fixed Costs Regime
Civil Procedure Costs Conditional Fee Agreements Success Fees Costs Assessment Part 36 Offers Fixed Costs Regime

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Parties

Tony Lamont

Claimant/respondent

James Burton

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether CPR 45.16(a) mandates a 100% success fee in all cases where a claim concludes at trial or whether the court has discretion to vary the percentage increase under CPR 44.3

Ratio Decidendi

The court cannot use the general discretion under CPR 44.3 to award a different success fee from that prescribed by CPR 45.16. The fixed costs regime is mandatory and exhaustive except where expressly provided otherwise. The appeal is dismissed because the rules do not permit the court to award a 12.5% success fee where the claim concludes at trial and rule 45.16 prescribes 100%.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; costs order of the lower court affirmed