Norris v Revenue & Customs [2010] EWHC 90178 (Costs) (09 July 2010)

Norris v Revenue & Customs [2010] EWHC 90178 (Costs) (09 July 2010)

The exacerbation or acceleration of a pre-existing disease by the employer's conduct falls within the definition of 'disease' under CPR Part 45 Section V, entitling the claimant's solicitors to a 100% success fee as per the fixed costs regime for Type B disease claims.

Citation
[2010] EWHC 90178 (Costs)
Parties
Claimant: Irene Norris; Defendant: HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
09 July 2010
Procedural Posture
Costs Assessment / Detailed Assessment of Costs
Outcome
100% success fee allowed for claimant's solicitors' profit costs under the fixed costs regime for disease claims.
Legal Topics
Conditional Fee Agreements, Success Fees, Employer's Liability, Disease Claims, Costs Assessment
Civil Procedure Employment Law Personal Injury Conditional Fee Agreements Success Fees Employer's Liability Disease Claims Costs Assessment

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Parties

Irene Norris

Claimant

HM Revenue & Customs

Defendant

Procedural Posture

Costs Assessment / Detailed Assessment of Costs

Legal Issues

  1. 1 Whether a 100% success fee is justified under the Collective Conditional Fee Agreement for an exacerbation of pre-existing disease in an employer's liability claim
  2. 2 Whether the claim falls within the fixed costs regime for disease claims under CPR Part 45 Section V

Ratio Decidendi

The exacerbation or acceleration of a pre-existing disease by the employer's conduct falls within the definition of 'disease' under CPR Part 45 Section V, entitling the claimant's solicitors to a 100% success fee as per the fixed costs regime for Type B disease claims.

Court Disposition

100% success fee allowed for claimant's solicitors' profit costs under the fixed costs regime for disease claims.

Orders

  • Claimant's solicitors entitled to a 100% success fee on profit costs.
  • Costs assessed at £9,415.42.