C v W

C v W

Where liability has been admitted, the risk of failure is minimal and the success fee should be correspondingly low. The lower court erred by overestimating the risks and thus the appropriate success fee is 20%.

Parties
Claimant/respondent: C (a patient acting by her litigation friend Jocelyn Fox); Defendant/appellant: W
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Civil Appeal / Appeal From Costs Assessment
Outcome
appeal allowed
Legal Topics
Conditional Fee Agreements, Success Fees, Costs Assessment, Admission of Liability
Civil Procedure Costs Law Conditional Fee Agreements Success Fees Costs Assessment Admission of Liability

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

C (a patient acting by her litigation friend Jocelyn Fox)

Claimant/respondent

W

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Costs Assessment

Legal Issues

  1. 1 What is the appropriate uplift (success fee) on base costs payable under a conditional fee agreement where liability has already been admitted?
  2. 2 Was the success fee assessed by the lower court reasonable in light of the risks actually faced by the solicitors?

Ratio Decidendi

Where liability has been admitted, the risk of failure is minimal and the success fee should be correspondingly low. The lower court erred by overestimating the risks and thus the appropriate success fee is 20%.

Court Disposition

appeal allowed

Orders

  • The success fee is to be assessed at 20%.
  • The lower court's order is set aside and replaced accordingly.