Sarwar v Alam

Sarwar v Alam

The full insurance premium of £62,500 is recoverable as it was reasonable in the circumstances and there was no breach of the indemnity principle; a 100% success fee is justified due to the substantial risk and finely balanced case; the appropriate hourly rate for the claimant's solicitors for the Court of Appeal aspect is £215, not £350, as the higher rate was not supported by sufficient evidence.

Parties
Claimant: Imran Sarwar; Defendant: Muhammad Alam
Jurisdiction
England and Wales
Judgment Date
07 March 2003
Procedural Posture
Costs Assessment / Detailed Assessment After Court of Appeal Judgment
Outcome
Claimant's costs assessed with full insurance premium and 100% success fee allowed; hourly rate for Court of Appeal work set at £215.
Legal Topics
Conditional Fee Agreements (cfas), After the Event (ate) Insurance, Success Fees, Solicitor Hourly Rates, Indemnity Principle, Champerty
Civil Procedure Costs Law Conditional Fee Agreements (cfas) After the Event (ate) Insurance Success Fees Solicitor Hourly Rates Indemnity Principle Champerty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Imran Sarwar

Claimant

Muhammad Alam

Defendant

Procedural Posture

Costs Assessment / Detailed Assessment After Court of Appeal Judgment

Legal Issues

  1. 1 Whether the insurance premium of £62,500 for ATE cover is reasonable and recoverable
  2. 2 Whether the success fee of 100% is justified and recoverable
  3. 3 Whether the hourly rate of £350 claimed by the claimant's solicitors is reasonable

Ratio Decidendi

The full insurance premium of £62,500 is recoverable as it was reasonable in the circumstances and there was no breach of the indemnity principle; a 100% success fee is justified due to the substantial risk and finely balanced case; the appropriate hourly rate for the claimant's solicitors for the Court of Appeal aspect is £215, not £350, as the higher rate was not supported by sufficient evidence.

Court Disposition

Claimant's costs assessed with full insurance premium and 100% success fee allowed; hourly rate for Court of Appeal work set at £215.

Orders

  • Full insurance premium of £62,500 is recoverable.
  • Success fee of 100% is allowed.