Haines v Sarner [2005] EWHC 90009 (Costs) (27 April 2005)

Haines v Sarner [2005] EWHC 90009 (Costs) (27 April 2005)

The recoverable success fee must be proportionate to the actual risk faced by the solicitors at the time the CFA was entered; since liability was resolved and base costs were recoverable regardless of quantum outcome, only a modest success fee is justified. The 60% claimed is excessive; 5% is appropriate.

Source-derived case information.

Citation
[2005] EWHC 90009 (Costs)
Parties
Claimant: Claimant; Defendant: Defendant
Jurisdiction
England and Wales
Judgment Date
27 April 2005
Procedural Posture
Detailed Assessment of Costs / Judgment on Reasonableness of Success Fee
Outcome
success fee reduced to 5%
Legal Topics
Conditional Fee Agreements, Success Fee, Detailed Assessment, Solicitor Client Retainer, Risk Analysis
Civil Litigation Personal Injury Costs Conditional Fee Agreements Success Fee Detailed Assessment Solicitor Client Retainer Risk Analysis

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Detailed Assessment of Costs / Judgment on Reasonableness of Success Fee

Legal Issues

  1. 1 Is the 60% success fee claimed under the Conditional Fee Agreement reasonable given the circumstances of the case?

Ratio Decidendi

The recoverable success fee must be proportionate to the actual risk faced by the solicitors at the time the CFA was entered; since liability was resolved and base costs were recoverable regardless of quantum outcome, only a modest success fee is justified. The 60% claimed is excessive; 5% is appropriate.

Court Disposition

success fee reduced to 5%

Orders

  • Recoverable success fee assessed at 5% of basic charges.
  • Permission granted to restore detailed assessment for further outstanding issues including costs of detailed assessment proceedings.