Hosking v Smallshaw [2009] EWHC 90137 (Costs) (25 March 2009)

Hosking v Smallshaw [2009] EWHC 90137 (Costs) (25 March 2009)

The claim concluded prior to the hearing on 28 January 2008. The 15 May 2008 hearing was for fine-tuning the settlement and not a trial or contested hearing of an issue. Therefore, the success fee is limited to 12.5% for solicitors and 75% for counsel as per CPR 45.16 and 45.17.

Citation
[2009] EWHC 90137 (Costs)
Parties
Claimant: Richard Ian Hosking; Defendant: Raymond Smallshaw
Jurisdiction
England and Wales
Judgment Date
25 March 2009
Procedural Posture
Costs Assessment Following Personal Injury Settlement / Detailed Assessment of Costs
Outcome
Success fee limited to 12.5% for solicitors and 75% for counsel; claim for 100% success fee rejected.
Legal Topics
Conditional Fee Agreements, Success Fees, CPR 45, Road Traffic Accidents, Costs Assessment
Civil Procedure Personal Injury Costs Conditional Fee Agreements Success Fees CPR 45 Road Traffic Accidents Costs Assessment

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Parties

Richard Ian Hosking

Claimant

Raymond Smallshaw

Defendant

Procedural Posture

Costs Assessment Following Personal Injury Settlement / Detailed Assessment of Costs

Legal Issues

  1. 1 Whether the success fee for the claimant's solicitors and counsel should be 100% or 12.5% under CPR 45.16 and 45.17

Ratio Decidendi

The claim concluded prior to the hearing on 28 January 2008. The 15 May 2008 hearing was for fine-tuning the settlement and not a trial or contested hearing of an issue. Therefore, the success fee is limited to 12.5% for solicitors and 75% for counsel as per CPR 45.16 and 45.17.

Court Disposition

Success fee limited to 12.5% for solicitors and 75% for counsel; claim for 100% success fee rejected.

Orders

  • Claimant's solicitors' success fee limited to 12.5%
  • Counsel's success fee limited to 75%