Collet v Smith & Anor

Collet v Smith & Anor

Solicitors' and leading counsel's CFAs carried significant liability risk but no quantum or enforceability risk; 90% success fee is justified for both, reflecting marginally above 50% prospects at CFA entry and staged fee structure. Junior counsel CFAs entered after liability admission carried no real risk; success fee assessed at nil. ECtHR decision in MGN distinguished; House of Lords precedent followed.

Parties
Claimant: Ben Collett; First Defendant: Mr Gary Smith; Second Defendant: Middlesbrough Football & Athletic Company (1986) Ltd
Jurisdiction
England and Wales
Judgment Date
20 May 2011
Procedural Posture
Costs Assessment / Judgment on Success Fee Issue
Outcome
Success fees assessed: solicitors 90%, leading counsel 90%, junior counsel nil.
Legal Topics
Conditional Fee Agreements, Success Fees, Detailed Assessment, Sporting Injury Liability, Proportionality, Enforceability
Civil Procedure Personal Injury Costs Conditional Fee Agreements Success Fees Detailed Assessment Sporting Injury Liability Proportionality +1 more

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Parties

Ben Collett

Claimant

Mr Gary Smith

First Defendant

Middlesbrough Football & Athletic Company (1986) Ltd

Second Defendant

Procedural Posture

Costs Assessment / Judgment on Success Fee Issue

Legal Issues

  1. 1 Reasonableness of success fees under CFAs for solicitors and counsel
  2. 2 Risk assessment for setting success fee percentages
  3. 3 Effect of Part 36 offers on recoverability of success fees

Ratio Decidendi

Solicitors' and leading counsel's CFAs carried significant liability risk but no quantum or enforceability risk; 90% success fee is justified for both, reflecting marginally above 50% prospects at CFA entry and staged fee structure. Junior counsel CFAs entered after liability admission carried no real risk; success fee assessed at nil. ECtHR decision in MGN distinguished; House of Lords precedent followed.

Court Disposition

Success fees assessed: solicitors 90%, leading counsel 90%, junior counsel nil.

Orders

  • Claimant's solicitors allowed 90% success fee.
  • Mr Block QC allowed 90% success fee.