Bradley Spicer (A Child Proceeding by His Mother and Litigation Friend Jessica Lewington) v Greene King Brewing and Retailing Limited
The deduction of additional liabilities from the child's damages is limited to a success fee of £330 plus VAT, as only reasonable base costs and a realistic success fee percentage (11%) are justified; the ATE premium is disallowed as not reasonably incurred given the absence of real risk.
- Parties
- Claimant: Bradley Spicer (a child proceeding by his mother and litigation friend Jessica Lewington); Defendant: Greene King Brewing and Retailing Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 17 April 2026
- Procedural Posture
- Personal Injury / Infant Approval Hearing and Summary Assessment of Deductions
- Outcome
- Success fee deduction allowed in the sum of £330 plus VAT; ATE premium deduction disallowed.
- Legal Topics
- Conditional Fee Agreements, After the Event Insurance, Solicitors Code of Conduct, Costs Assessment, Infant Settlement Approval
Case Brief
Summary, issues, holding and outcome
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Parties
Bradley Spicer (a child proceeding by his mother and litigation friend Jessica Lewington)
Claimant
Greene King Brewing and Retailing Limited
Defendant
Procedural Posture
Personal Injury / Infant Approval Hearing and Summary Assessment of Deductions
Legal Issues
- 1 Whether deduction of CFA success fees and ATE insurance premiums from a child's damages is reasonable
- 2 Whether solicitor and own client costs were reasonably incurred and reasonable in amount
- 3 Whether the Litigation Friend gave fully informed consent to the charging model
Ratio Decidendi
The deduction of additional liabilities from the child's damages is limited to a success fee of £330 plus VAT, as only reasonable base costs and a realistic success fee percentage (11%) are justified; the ATE premium is disallowed as not reasonably incurred given the absence of real risk.
Court Disposition
Success fee deduction allowed in the sum of £330 plus VAT; ATE premium deduction disallowed.
Orders
- Deduction from damages limited to £330 plus VAT for success fee.
- No deduction allowed for ATE premium.
Full Case Text
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