Horridge v Weston Birt School Ltd

Horridge v Weston Birt School Ltd

Permission to appeal is granted because there is a real prospect of success on the loss of earnings issue and just sufficient merit in the costs point regarding the lack of reasons for the CFA uplift reduction.

Parties
Appellant: Horridge; Respondent: Weston Birt School Ltd
Jurisdiction
England and Wales
Judgment Date
12 October 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Loss of Earnings, Conditional Fee Agreements, Costs Uplift, Reasons for Judgment
Personal Injury Civil Procedure Loss of Earnings Conditional Fee Agreements Costs Uplift Reasons for Judgment

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Parties

Horridge

Appellant

Weston Birt School Ltd

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in assessing the loss of earnings claim arising from the applicant ceasing examining work due to injury
  2. 2 Whether the judge gave adequate reasons for reducing the conditional fee agreement uplift to 30%

Ratio Decidendi

Permission to appeal is granted because there is a real prospect of success on the loss of earnings issue and just sufficient merit in the costs point regarding the lack of reasons for the CFA uplift reduction.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted on both the substantive loss of earnings issue and the costs uplift issue.