Norris v Revenue & Customs

Norris v Revenue & Customs

Exacerbation or acceleration of a pre-existing disease falls within the definition of 'disease' under CPR Part 45 Section V, and a 100% success fee is justified where the claim concludes before trial.

Parties
Claimant: Irene Norris; Defendant: HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
09 July 2010
Procedural Posture
Employer's Liability Disease Claim / Detailed Assessment of Costs
Outcome
100% success fee allowed for Claimant's solicitors' profit costs under CPR Part 45 Section V.
Legal Topics
Success Fees, Conditional Fee Agreements, Interpretation of CPR Part 45, Employer's Liability Disease Claims
Employment Law Civil Procedure Costs Success Fees Conditional Fee Agreements Interpretation of CPR Part 45 Employer's Liability Disease Claims

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Parties

Irene Norris

Claimant

HM Revenue & Customs

Defendant

Procedural Posture

Employer's Liability Disease Claim / Detailed Assessment of Costs

Legal Issues

  1. 1 Whether a 100% success fee is justified under CPR Part 45 Section V for exacerbation of pre-existing disease
  2. 2 Interpretation of 'disease' and 'contracted' under CPR Part 45
  3. 3 Applicability of fixed cost regime to exacerbation/acceleration claims

Ratio Decidendi

Exacerbation or acceleration of a pre-existing disease falls within the definition of 'disease' under CPR Part 45 Section V, and a 100% success fee is justified where the claim concludes before trial.

Court Disposition

100% success fee allowed for Claimant's solicitors' profit costs under CPR Part 45 Section V.

Orders

  • Claimant's costs assessed at £9,415.42 including 100% success fee.
  • Permission to appeal extended to 14 days from receipt by Defendant of this Judgment.