Spiralstem Ltd v Marks & Spencer Plc

Spiralstem Ltd v Marks & Spencer Plc

The reasonable success fee is 67%, reflecting a 60% prospect of success as assessed at the time of the CFA, calculated using the ready reckoner in unmodified form. Modifying the ready reckoner to reflect a split between liability and quantum is not permitted by current authority and would introduce arbitrariness and complexity.

Parties
Claimant: Spiralstem Limited; Defendant: Marks & Spencer PLC
Jurisdiction
England and Wales
Judgment Date
01 August 2007
Procedural Posture
Costs Assessment / Detailed Assessment of Success Fee Under Conditional Fee Agreement
Outcome
Success fee set at 67% of base costs (excluding the 8% postponement element) recoverable from the defendant.
Legal Topics
Conditional Fee Agreements, Success Fees, Costs Assessment
Civil Procedure Costs Conditional Fee Agreements Success Fees Costs Assessment

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Parties

Spiralstem Limited

Claimant

Marks & Spencer PLC

Defendant

Procedural Posture

Costs Assessment / Detailed Assessment of Success Fee Under Conditional Fee Agreement

Legal Issues

  1. 1 What is the reasonable and recoverable success fee percentage under the claimant's conditional fee agreement for costs payable by the defendant?

Ratio Decidendi

The reasonable success fee is 67%, reflecting a 60% prospect of success as assessed at the time of the CFA, calculated using the ready reckoner in unmodified form. Modifying the ready reckoner to reflect a split between liability and quantum is not permitted by current authority and would introduce arbitrariness and complexity.

Court Disposition

Success fee set at 67% of base costs (excluding the 8% postponement element) recoverable from the defendant.

Orders

  • The defendant, Marks & Spencer PLC, is liable to pay a success fee of 67% on top of the base costs allowed for the claimant's solicitors, Edwin Coe.