Gandy v King

Gandy v King

The claim did not conclude at trial as the trial did not commence; therefore, 100% success fee is not triggered. The appropriate success fee for solicitor and counsel is 20%, reflecting an 80-85% chance of success and low risk at the time the CFA was entered into. High quantum and causation issues do not justify additional percentage increases; Part 36 risk was minimal.

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 / Judgment After Detailed Assessment Hearing
Outcome
Success fees for solicitor, Leading Counsel, and Junior Counsel allowed at 20%. Defendant entitled to costs of detailed assessment.
Legal Topics
Conditional Fee Agreements, Success Fees, Detailed Assessment, Part 36 Offers
Civil Procedure Costs Conditional Fee Agreements Success Fees Detailed Assessment Part 36 Offers

Case Brief

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Parties

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

Claimant

Peter King

Defendant

Procedural Posture

Costs Assessment / Judgment After Detailed Assessment Hearing

Legal Issues

  1. 1 Whether the claim concluded 'at trial' for purposes of triggering 100% success fee under CFA
  2. 2 Appropriate level of success fees for solicitor and counsel under CFA given risk assessment

Ratio Decidendi

The claim did not conclude at trial as the trial did not commence; therefore, 100% success fee is not triggered. The appropriate success fee for solicitor and counsel is 20%, reflecting an 80-85% chance of success and low risk at the time the CFA was entered into. High quantum and causation issues do not justify additional percentage increases; Part 36 risk was minimal.

Court Disposition

Success fees for solicitor, Leading Counsel, and Junior Counsel allowed at 20%. Defendant entitled to costs of detailed assessment.

Orders

  • Success fees for solicitor, Leading Counsel, and Junior Counsel allowed at 20%.
  • Defendant entitled to costs of detailed assessment; if not agreed, parties to file statements and objections for summary assessment.