Harvey v East Kent Hospitals NHS Trust
A single stage success fee of 100% is not justified in this case because the solicitors did not undertake sufficient investigation before entering into the CFA. A reasonable success fee, based on the information that would have been available after reasonable investigation, is 80%.
Source-derived case information.
- Parties
- Claimant: Jean Irene Harvey; Defendant: East Kent Hospitals NHS Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 21 September 2009
- Procedural Posture
- Costs Assessment (clinical Negligence) / Detailed Assessment of Success Fee
- Outcome
- Success fee allowed at 80% (not 100%)
- Legal Topics
- Conditional Fee Agreements (cfa), Success Fee Assessment, Clinical Negligence, Costs Recovery
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jean Irene Harvey
Claimant
East Kent Hospitals NHS Trust
Defendant
Procedural Posture
Costs Assessment (clinical Negligence) / Detailed Assessment of Success Fee
Legal Issues
- 1 What is the appropriate percentage for a success fee in a clinical negligence claim under a single stage CFA?
- 2 Was it reasonable for the solicitors to enter into a CFA with a 100% success fee at the outset without further investigation?
Ratio Decidendi
A single stage success fee of 100% is not justified in this case because the solicitors did not undertake sufficient investigation before entering into the CFA. A reasonable success fee, based on the information that would have been available after reasonable investigation, is 80%.
Court Disposition
Success fee allowed at 80% (not 100%)
Orders
- Claimant's success fee limited to 80% of base costs
Full Case Text
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