Metcalfe v Clipston

Metcalfe v Clipston

The Claimant is not barred from recovering a success fee for failure to notify the Defendant of the funding arrangement prior to the issue of proceedings, as notification was only recommended and not mandatory under the relevant protocol and practice direction. However, the level of the success fee is reduced to 20% as the risks did not justify a higher percentage.

Parties
Claimant: Jon Metcalfe; Defendant: Rodney Clipston
Jurisdiction
England and Wales
Judgment Date
06 April 2004
Procedural Posture
Costs Only Proceedings / Detailed Assessment
Outcome
Claimant entitled to recover a success fee at 20%.
Legal Topics
Conditional Fee Agreements, Success Fee Recoverability, Relief From Sanctions, Assessment of Costs
Civil Procedure Costs Conditional Fee Agreements Success Fee Recoverability Relief From Sanctions Assessment of Costs

Case Brief

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Parties

Jon Metcalfe

Claimant

Rodney Clipston

Defendant

Procedural Posture

Costs Only Proceedings / Detailed Assessment

Legal Issues

  1. 1 Is the Claimant barred from recovering a success fee due to failure to notify the Defendant of the funding arrangement?
  2. 2 Should the Claimant be given relief from Court sanctions arising from breach of CPR 44.15?
  3. 3 Is 90% an appropriate success fee to allow?

Ratio Decidendi

The Claimant is not barred from recovering a success fee for failure to notify the Defendant of the funding arrangement prior to the issue of proceedings, as notification was only recommended and not mandatory under the relevant protocol and practice direction. However, the level of the success fee is reduced to 20% as the risks did not justify a higher percentage.

Court Disposition

Claimant entitled to recover a success fee at 20%.

Orders

  • Success fee allowed at 20%.
  • Claimant allowed £650 plus VAT for bill preparation.