James v Ireland
The trial of the liability issue had not commenced on 8 or 9 June 2011 as only procedural matters and adjournments occurred; therefore, the claim for a 100% increase in solicitor’s and barrister’s fees is dismissed.
- Parties
- Defendant: Colin James; Claimant: David Andrew Ireland
- Jurisdiction
- England and Wales
- Judgment Date
- 05 May 2015
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Conditional Fee Agreements, Success Fees, Costs, Road Traffic Accident Claims
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Parties
Colin James
Defendant
David Andrew Ireland
Claimant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial of the liability issue had commenced for purposes of CPR 45.15(6)(b) and entitlement to 100% success fee
Ratio Decidendi
The trial of the liability issue had not commenced on 8 or 9 June 2011 as only procedural matters and adjournments occurred; therefore, the claim for a 100% increase in solicitor’s and barrister’s fees is dismissed.
Court Disposition
Appeal allowed
Orders
- Claim for 100% increase in solicitor’s and barrister’s fees dismissed
- Counsel invited to calculate consequential increase in fees
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment