Peel v Beasley

Peel v Beasley

The court has no discretion to alter or disallow the fixed 12.5% success fee under CPR 45.11 once the claimant has entered into a qualifying funding arrangement; the only discretion lies in whether the claimant claims the fee. The section 30 premium is a recoverable disbursement, and it was reasonable for the claimant to use her Union's CCFA.

Parties
Claimant/respondent: Rachael Catherine Peel; Defendant/appellant: Stuart Beasley
Jurisdiction
England and Wales
Judgment Date
03 December 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From Detailed Assessment of Costs
Outcome
Appeal dismissed
Legal Topics
Fixed Costs Regime, Success Fee, Conditional Fee Agreements, Disbursements, Union Funding Arrangements
Civil Procedure Costs Fixed Costs Regime Success Fee Conditional Fee Agreements Disbursements Union Funding Arrangements

Case Brief

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Parties

Rachael Catherine Peel

Claimant/respondent

Stuart Beasley

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From Detailed Assessment of Costs

Legal Issues

  1. 1 Whether the fixed 12.5% success fee is recoverable under CPR 45.11 without court discretion
  2. 2 Whether the court has discretion to allow or disallow the success fee under CPR 45.11
  3. 3 Whether it was reasonable for the claimant to obtain funding through her Union CCFA rather than before-the-event (BTE) insurance

Ratio Decidendi

The court has no discretion to alter or disallow the fixed 12.5% success fee under CPR 45.11 once the claimant has entered into a qualifying funding arrangement; the only discretion lies in whether the claimant claims the fee. The section 30 premium is a recoverable disbursement, and it was reasonable for the claimant to use her Union's CCFA.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of District Judge Flanagan is upheld.