Bright v Motor Insurers' Bureau

Bright v Motor Insurers' Bureau

The Master did not err in principle or reach a plainly wrong conclusion in assessing the reasonable success fee at 30%, as the main risks were limited to contributory negligence and Part 36 offers, and the risk of failing to establish liability was low. The approach to staging and the level of the first stage success fee did not affect the outcome.

Parties
Claimant/appellant: Mrs Carol Bright; Second Defendant/respondent: Motor Insurers’ Bureau
Jurisdiction
England and Wales
Judgment Date
15 May 2014
Procedural Posture
Appeal / Judgment on Appeal From Costs Assessment
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Success Fees, Detailed Assessment of Costs, Personal Injury, Road Traffic Accident
Civil Procedure Costs Conditional Fee Agreements Success Fees Detailed Assessment of Costs Personal Injury Road Traffic Accident

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Parties

Mrs Carol Bright

Claimant/appellant

Motor Insurers’ Bureau

Second Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Costs Assessment

Legal Issues

  1. 1 Whether the Master erred in reducing the solicitors’ success fee from 75% to 30% in a CFA Lite personal injury case
  2. 2 Whether the risk assessment and staging of the success fee were properly considered

Ratio Decidendi

The Master did not err in principle or reach a plainly wrong conclusion in assessing the reasonable success fee at 30%, as the main risks were limited to contributory negligence and Part 36 offers, and the risk of failing to establish liability was low. The approach to staging and the level of the first stage success fee did not affect the outcome.

Court Disposition

Appeal dismissed

Orders

  • Detailed assessment of costs remitted to Master Rowley or another Costs Judge
  • Claimant to pay the MIB their costs of the appeal, to be assessed if not agreed