Puksis v Brumby

Puksis v Brumby

The solicitor complied with the disclosure requirements of regulation 4(2)(e) by adequately informing the client both orally and in writing of his interest in recommending the Accident Line Protect insurance policy. Sufficient enquiries were made regarding before the event insurance. The claimant is only liable for hourly rates as increased by the retail price index, not higher rates. The success fee of 90% is reasonable given the risk at the time of the agreement.

Parties
Claimant: Richard Karlis Puksis (by his Mother and Litigation Friend Mrs Kathleen Ann Marie Puksis); Defendant: Jake William Brumby
Jurisdiction
England and Wales
Judgment Date
07 January 2008
Procedural Posture
Costs Assessment / Ruling on Preliminary Issues Prior to Detailed Assessment of Costs
Outcome
Preliminary issues determined in favour of the claimant in part; solicitor not in breach of disclosure or enquiry obligations; claimant limited to recover hourly rates as increased by the retail price index; success fee of 90% allowed.
Legal Topics
Conditional Fee Agreements, Solicitor's Duties, Insurance Disclosure, Assessment of Costs, Success Fee
Civil Procedure Costs Conditional Fee Agreements Solicitor's Duties Insurance Disclosure Assessment of Costs Success Fee

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Parties

Richard Karlis Puksis (by his Mother and Litigation Friend Mrs Kathleen Ann Marie Puksis)

Claimant

Jake William Brumby

Defendant

Procedural Posture

Costs Assessment / Ruling on Preliminary Issues Prior to Detailed Assessment of Costs

Legal Issues

  1. 1 Whether the claimant's solicitor was in material breach of regulation 4(2)(e) of the Conditional Fee Agreement Regulations 2000 by failing to inform the claimant of his interest in recommending the Accident Line Protect insurance policy
  2. 2 Whether the claimant's solicitor was in material breach of the Conditional Fee Agreement Regulations 2000 by failing to make adequate enquiries as to whether the claimant had before the event insurance available
  3. 3 Whether the claimant was liable to pay the hourly rates claimed in the bill or only rates increased by the retail price index

Ratio Decidendi

The solicitor complied with the disclosure requirements of regulation 4(2)(e) by adequately informing the client both orally and in writing of his interest in recommending the Accident Line Protect insurance policy. Sufficient enquiries were made regarding before the event insurance. The claimant is only liable for hourly rates as increased by the retail price index, not higher rates. The success fee of 90% is reasonable given the risk at the time of the agreement.

Court Disposition

Preliminary issues determined in favour of the claimant in part; solicitor not in breach of disclosure or enquiry obligations; claimant limited to recover hourly rates as increased by the retail price index; success fee of 90% allowed.

Orders

  • No breach of regulation 4(2)(e) or 4(5) of the Conditional Fee Agreement Regulations 2000.
  • No breach of regulations 4(2)(c) or (d) regarding enquiries into before the event insurance.