Hosking v Smallshaw

Hosking v Smallshaw

The claim concluded prior to the hearing on 28 January 2008, as both liability and quantum were agreed and the subsequent hearing on 15 May 2008 was only to resolve the wording of the order, not a contested hearing of an issue. Therefore, the success fee is limited to 12.5% for solicitors and 75% for counsel, not 100%.

Parties
Claimant: Richard Ian Hosking; Defendant: Raymond Smallshaw
Jurisdiction
England and Wales
Judgment Date
25 March 2009
Procedural Posture
Costs Assessment (post Settlement) / Ruling on Entitlement to Success Fee Percentage Under CPR 45.16
Outcome
Claimant's application for 100% success fee dismissed; success fee limited to 12.5% for solicitors and 75% for counsel.
Legal Topics
Conditional Fee Agreements, Success Fees, Road Traffic Accidents, Detailed Assessment of Costs
Civil Procedure Personal Injury Costs Conditional Fee Agreements Success Fees Road Traffic Accidents Detailed Assessment of Costs

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Parties

Richard Ian Hosking

Claimant

Raymond Smallshaw

Defendant

Procedural Posture

Costs Assessment (post Settlement) / Ruling on Entitlement to Success Fee Percentage Under CPR 45.16

Legal Issues

  1. 1 Whether the hearing on 15 May 2008 constituted a 'trial' for the purposes of CPR 45.16 and 45.17, entitling the claimant's solicitors and counsel to a 100% success fee, or whether the claim concluded before trial, limiting the success fee to 12.5% (solicitors) and 75% (counsel).

Ratio Decidendi

The claim concluded prior to the hearing on 28 January 2008, as both liability and quantum were agreed and the subsequent hearing on 15 May 2008 was only to resolve the wording of the order, not a contested hearing of an issue. Therefore, the success fee is limited to 12.5% for solicitors and 75% for counsel, not 100%.

Court Disposition

Claimant's application for 100% success fee dismissed; success fee limited to 12.5% for solicitors and 75% for counsel.

Orders

  • Success fee for Stewarts Solicitors limited to 12.5%.
  • Success fee for Mr McDermott QC and Mr Phillips limited to 75%.