Wetzel v KBC Fidea

Wetzel v KBC Fidea

The logic in Nizami v Butt applies; fixed success fees under CPR 45 Part II are recoverable if circumstances permit, not at the court's discretion. The claimant is entitled to the fixed base profit costs and the fixed success fee regardless of alternative funding arrangements.

Parties
Claimant: Suzanne Wetzel; Defendant: KBC FIDEA
Jurisdiction
England and Wales
Judgment Date
20 March 2007
Procedural Posture
Costs Assessment (post Settlement) / Detailed Assessment Before Costs Judge
Outcome
Claimant entitled to fixed base profit costs and fixed success fee.
Legal Topics
Conditional Fee Agreements, Success Fees, Fixed Costs, Road Traffic Accidents
Civil Procedure Costs Conditional Fee Agreements Success Fees Fixed Costs Road Traffic Accidents

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Parties

Suzanne Wetzel

Claimant

KBC FIDEA

Defendant

Procedural Posture

Costs Assessment (post Settlement) / Detailed Assessment Before Costs Judge

Legal Issues

  1. 1 Whether a success fee is recoverable under CPR 45 Part II when an alternative funding arrangement was available
  2. 2 Whether the court has discretion to disallow a fixed success fee under CPR 45.11

Ratio Decidendi

The logic in Nizami v Butt applies; fixed success fees under CPR 45 Part II are recoverable if circumstances permit, not at the court's discretion. The claimant is entitled to the fixed base profit costs and the fixed success fee regardless of alternative funding arrangements.

Court Disposition

Claimant entitled to fixed base profit costs and fixed success fee.

Orders

  • Claimant awarded base profit costs of £1,360 plus a success fee of £170.