Chocken v Oxford University Hospitals NHS Foundation Trust

Chocken v Oxford University Hospitals NHS Foundation Trust

The Master did not err in principle or in law. She correctly assessed the reasonableness of the success fee based on the risks as they appeared at the time the CFA was entered into, did not use hindsight improperly, and was entitled to conclude that a 50% success fee was reasonable throughout. The trigger for the higher success fee was not justified as the material risks were already accounted for in the initial success fee.

Parties
Claimant: AAJ Oudrassen Chocken; Defendant: Oxford University Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
02 December 2020
Procedural Posture
Civil Appeal / Appeal From Detailed Assessment of Costs
Outcome
Appeal dismissed
Legal Topics
Conditional Fee Agreements, Success Fees, Detailed Assessment, Clinical Negligence
Civil Procedure Costs Conditional Fee Agreements Success Fees Detailed Assessment Clinical Negligence

Case Brief

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Parties

AAJ Oudrassen Chocken

Claimant

Oxford University Hospitals NHS Foundation Trust

Defendant

Procedural Posture

Civil Appeal / Appeal From Detailed Assessment of Costs

Legal Issues

  1. 1 Whether the Master erred in assessing the claimant’s solicitor’s success fee at 50% under the conditional fee agreement instead of 80%
  2. 2 Whether the Master improperly used hindsight in assessing the reasonableness of the success fee
  3. 3 Whether the trigger for the second stage success fee was reasonable in the circumstances

Ratio Decidendi

The Master did not err in principle or in law. She correctly assessed the reasonableness of the success fee based on the risks as they appeared at the time the CFA was entered into, did not use hindsight improperly, and was entitled to conclude that a 50% success fee was reasonable throughout. The trigger for the higher success fee was not justified as the material risks were already accounted for in the initial success fee.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.