Puksis v Brumby [2008] EWHC 90095 (Costs) (07 January 2008)

Puksis v Brumby [2008] EWHC 90095 (Costs) (07 January 2008)

The solicitor complied with regulation 4(2)(e) by adequately disclosing his interest in recommending the Accident Line Protect policy both orally and in writing; made sufficient enquiries regarding before the event insurance; the claimant is only liable for hourly rates as increased by the retail price index; and the claimed success fee percentage is reasonable given the risk profile at the time of agreement.

Citation
[2008] EWHC 90095 (Costs)
Parties
Claimant: Richard Karlis Puksis; Litigation Friend: Mrs Kathleen Ann Marie Puksis; Defendant: Jake William Brumby
Jurisdiction
England and Wales
Judgment Date
07 January 2008
Procedural Posture
Costs Assessment / Preliminary Issues Determination
Outcome
Preliminary issues determined in favour of Claimant; no material breach found.
Legal Topics
Conditional Fee Agreements, Insurance Disclosure, Hourly Rates, Success Fee
Civil Procedure Costs Conditional Fee Agreements Insurance Disclosure Hourly Rates Success Fee

Case Brief

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Parties

Richard Karlis Puksis

Claimant

Mrs Kathleen Ann Marie Puksis

Litigation Friend

Jake William Brumby

Defendant

Procedural Posture

Costs Assessment / Preliminary Issues Determination

Legal Issues

  1. 1 Compliance with regulation 4(2)(e) of Conditional Fee Agreement Regulations 2000 regarding disclosure of solicitor's interest in recommending insurance
  2. 2 Adequacy of enquiries regarding before the event insurance
  3. 3 Entitlement to hourly rates claimed versus rates increased by retail price index

Ratio Decidendi

The solicitor complied with regulation 4(2)(e) by adequately disclosing his interest in recommending the Accident Line Protect policy both orally and in writing; made sufficient enquiries regarding before the event insurance; the claimant is only liable for hourly rates as increased by the retail price index; and the claimed success fee percentage is reasonable given the risk profile at the time of agreement.

Court Disposition

Preliminary issues determined in favour of Claimant; no material breach found.

Orders

  • Claimant's solicitor complied with regulation 4(2)(e) and 4(5) of CFA Regulations 2000.
  • No breach of regulations 4(2)(c) or (d) regarding insurance enquiries.