Ghising v Secretary of State for the Home Department

Ghising v Secretary of State for the Home Department

The Master erred in concluding that the risk assessment was materially different between July and December 2012, as there was no evidential basis for such a finding. The principle is that retrospective success fees are allowable if reasonable, and in this case, the evidence did not support a material change in risk. The appeal is allowed on the point of principle.

Parties
Claimant/appellant: Roshan Ghising; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Appeal / Judgment on Appeal From Costs Assessment
Outcome
Appeal allowed
Legal Topics
Conditional Fee Agreements, Retrospective Success Fees, Costs Assessment
Civil Procedure Costs Law Conditional Fee Agreements Retrospective Success Fees Costs Assessment

Case Brief

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Parties

Roshan Ghising

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Costs Assessment

Legal Issues

  1. 1 Whether a retrospective success fee under a Conditional Fee Agreement (CFA) is allowable in principle in the circumstances of this case
  2. 2 Whether the risk assessment for the success fee was materially different at the time the CFA was entered into compared to earlier dates
  3. 3 Whether the respondent suffered prejudice due to late notification of the CFA

Ratio Decidendi

The Master erred in concluding that the risk assessment was materially different between July and December 2012, as there was no evidential basis for such a finding. The principle is that retrospective success fees are allowable if reasonable, and in this case, the evidence did not support a material change in risk. The appeal is allowed on the point of principle.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed on the point of principle regarding retrospective success fees under the CFA.
  • Parties to agree an order and timescale for written submissions on outstanding matters; further detailed assessment to be conducted on the papers if necessary.