O'Brien v Shorrock & Anor

O'Brien v Shorrock & Anor

The CFA covered only the claim under the Uninsured Drivers Agreement. The proper success fee is determined arithmetically from the solicitors’ risk assessment (67%), not by discretion or hindsight. The Notice of Funding failed to comply with Practice Direction by stating the wrong date, but relief from sanction is granted, allowing a reduced success fee (20%) for the retrospective period and 67% thereafter.

Parties
Claimant/respondent: John Joseph O’Brien (a protected party suing by his father and litigation friend Arthur O’Brien); First Defendant: Michael Shorrock; Appellant/second Defendant: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
12 June 2015
Procedural Posture
Appeal / Judgment on Appeal From Regional Costs Judge, Detailed Assessment of Costs
Outcome
Appeal allowed in part; success fee reduced for retrospective period; relief from sanction granted.
Legal Topics
Conditional Fee Agreements, Success Fees, Relief From Sanctions, Practice Direction Compliance
Civil Procedure Costs Conditional Fee Agreements Success Fees Relief From Sanctions Practice Direction Compliance

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Parties

John Joseph O’Brien (a protected party suing by his father and litigation friend Arthur O’Brien)

Claimant/respondent

Michael Shorrock

First Defendant

Motor Insurers Bureau

Appellant/second Defendant

Procedural Posture

Appeal / Judgment on Appeal From Regional Costs Judge, Detailed Assessment of Costs

Legal Issues

  1. 1 Proper construction of CFA and scope of covered claims
  2. 2 Appropriate level of success fee under CFA
  3. 3 Compliance with Practice Direction regarding date of CFA

Ratio Decidendi

The CFA covered only the claim under the Uninsured Drivers Agreement. The proper success fee is determined arithmetically from the solicitors’ risk assessment (67%), not by discretion or hindsight. The Notice of Funding failed to comply with Practice Direction by stating the wrong date, but relief from sanction is granted, allowing a reduced success fee (20%) for the retrospective period and 67% thereafter.

Court Disposition

Appeal allowed in part; success fee reduced for retrospective period; relief from sanction granted.

Orders

  • Success fee for costs from 6th November 2008 to 21st October 2009 fixed at 20%.
  • Success fee for costs after 21st October 2009 fixed at 67%.