Burton & Anor v Kingsley & Anor

Burton & Anor v Kingsley & Anor

The allowable uplift under the CFAs is 50% as the case was not straightforward but the risk did not justify a 100% uplift; costs are to be assessed on the standard basis as the defendants' conduct was not unreasonable or out of the norm.

Parties
Claimant: Anthony Burton; Claimant: Jennifer Haynes; First Defendant: Guy Kingsley; Second Defendant: Leonard Harper
Jurisdiction
England and Wales
Judgment Date
25 May 2005
Procedural Posture
Civil Personal Injury / Post Settlement, Determination of Costs Issues
Outcome
Claimants allowed a 50% uplift under CFAs; costs to be assessed on the standard basis; claim for indemnity costs and interest on costs rejected.
Legal Topics
Conditional Fee Agreements, Costs Assessment, Indemnity Costs, Success Fee Uplift
Civil Procedure Personal Injury Conditional Fee Agreements Costs Assessment Indemnity Costs Success Fee Uplift

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Parties

Anthony Burton

Claimant

Jennifer Haynes

Claimant

Guy Kingsley

First Defendant

Leonard Harper

Second Defendant

Procedural Posture

Civil Personal Injury / Post Settlement, Determination of Costs Issues

Legal Issues

  1. 1 What is the reasonable percentage uplift under the CFAs?
  2. 2 Should costs be assessed on the indemnity basis?
  3. 3 Are the claimants entitled to interest on costs?

Ratio Decidendi

The allowable uplift under the CFAs is 50% as the case was not straightforward but the risk did not justify a 100% uplift; costs are to be assessed on the standard basis as the defendants' conduct was not unreasonable or out of the norm.

Court Disposition

Claimants allowed a 50% uplift under CFAs; costs to be assessed on the standard basis; claim for indemnity costs and interest on costs rejected.

Orders

  • Claimants allowed a 50% uplift under their CFAs.
  • Claimants' costs in relation to liability to be assessed on the standard basis.