Gandy v King [2010] EWHC 90177 (Costs) (25 June 2010)

Gandy v King [2010] EWHC 90177 (Costs) (25 June 2010)

The claim did not conclude at trial as the trial never commenced; settlement was reached before any hearing or opening. The appropriate success fee for solicitor and counsel is 20%, reflecting the actual risks at the time the CFA was entered into, with no justification for higher uplifts based on quantum, causation, or Part 36 risks in this case.

Citation
[2010] EWHC 90177 (Costs)
Parties
Claimant: Steven Gandy (a patient suing by his litigation friend, Christine Chester); Defendant: Peter King
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Costs Assessment Following Personal Injury Settlement / Detailed Assessment of Costs
Outcome
Success fees for solicitor and both counsel allowed at 20%. Defendant entitled to costs of detailed assessment.
Legal Topics
Conditional Fee Agreements, Success Fees, Detailed Assessment, Part 36 Offers, Risk Assessment in Costs
Civil Procedure Personal Injury Costs Conditional Fee Agreements Success Fees Detailed Assessment Part 36 Offers Risk Assessment in Costs

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Parties

Steven Gandy (a patient suing by his litigation friend, Christine Chester)

Claimant

Peter King

Defendant

Procedural Posture

Costs Assessment Following Personal Injury Settlement / Detailed Assessment of Costs

Legal Issues

  1. 1 Whether the claim concluded 'at trial' for the purposes of the CFA success fee trigger
  2. 2 What is the appropriate level of success fee for solicitor and counsel under the CFA given the risks at the time of agreement

Ratio Decidendi

The claim did not conclude at trial as the trial never commenced; settlement was reached before any hearing or opening. The appropriate success fee for solicitor and counsel is 20%, reflecting the actual risks at the time the CFA was entered into, with no justification for higher uplifts based on quantum, causation, or Part 36 risks in this case.

Court Disposition

Success fees for solicitor and both counsel allowed at 20%. Defendant entitled to costs of detailed assessment.

Orders

  • Success fees at items 107, 108, and 109 of the bill allowed at 20%.
  • Defendant entitled to costs of detailed assessment; if not agreed, costs to be summarily assessed after submissions.