Holliday v E C Realisations Ltd

Holliday v E C Realisations Ltd

The hourly rates for the partner and paralegal as allowed by the Costs Officer were reasonable, but the rate for the senior paralegal was reduced to £130 per hour. The success fee for the solicitors was reduced to 33.3% based on a reasonable assessment of a 75% prospect of success at the time of the agreement. Counsel's success fees were reduced to 27.5% as the risks did not justify higher fees, particularly given the absence of risk from Part 36 offers and the high probability of success.

Parties
Claimant: Cynthia Holliday (Personal Representative of the estate of Michael John Holliday deceased); Defendant: E C Realisations Limited
Jurisdiction
England and Wales
Judgment Date
31 March 2008
Procedural Posture
Costs Appeal / Appeal From Detailed Assessment of Costs
Outcome
Appeal allowed in part
Legal Topics
Detailed Assessment of Costs, Conditional Fee Agreements, Success Fees, Hourly Rates, Mesothelioma Claims
Civil Procedure Personal Injury Costs Detailed Assessment of Costs Conditional Fee Agreements Success Fees Hourly Rates Mesothelioma Claims

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Parties

Cynthia Holliday (Personal Representative of the estate of Michael John Holliday deceased)

Claimant

E C Realisations Limited

Defendant

Procedural Posture

Costs Appeal / Appeal From Detailed Assessment of Costs

Legal Issues

  1. 1 Whether the hourly rates allowed to the Claimant’s solicitors were reasonable
  2. 2 Whether the success fees allowed to the Claimant’s solicitors and counsel were reasonable

Ratio Decidendi

The hourly rates for the partner and paralegal as allowed by the Costs Officer were reasonable, but the rate for the senior paralegal was reduced to £130 per hour. The success fee for the solicitors was reduced to 33.3% based on a reasonable assessment of a 75% prospect of success at the time of the agreement. Counsel's success fees were reduced to 27.5% as the risks did not justify higher fees, particularly given the absence of risk from Part 36 offers and the high probability of success.

Court Disposition

Appeal allowed in part

Orders

  • Hourly rate for senior paralegal reduced to £130 per hour
  • Solicitors' success fee reduced to 33.3%