A & Anor v Royal Mail Group (No. 2) [2015] EW Misc B30 (CC) (18 September 2015)

A & Anor v Royal Mail Group (No. 2) [2015] EW Misc B30 (CC) (18 September 2015)

The court held that the appropriate success fee to be deducted from each child's damages as a reasonable expense under CPR Part 21.12 is 10% of reasonably incurred base costs (£1180 plus VAT), amounting to £141.60 per claim, as the risks in these straightforward cases were less than average and the base costs...

Source-derived case information.

Citation
[2015] EW Misc B30 (CC)
Parties
Claimant: A; Claimant: M; Defendant: Royal Mail Group; Litigation Friend: MS
Jurisdiction
England and Wales
Judgment Date
18 September 2015
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Assessment of Costs and Approval of Deductions From Damages
Outcome
Application for deduction of claimed success fees from children's damages refused in part; only £141.60 per claim allowed as a reasonable expense.
Legal Topics
Costs Assessment, Success Fees, Conditional Fee Agreements, Children's Claims, Solicitors Act 1974, CPR Part 21.12, CPR Part 45, CPR Part 46.9
Civil Procedure Personal Injury Costs Assessment Success Fees Conditional Fee Agreements Children's Claims Solicitors Act 1974 CPR Part 21.12 +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

A

Claimant

M

Claimant

Royal Mail Group

Defendant

MS

Litigation Friend

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Assessment of Costs and Approval of Deductions From Damages

Legal Issues

  1. 1 What is a reasonable success fee to deduct from children's damages as a reasonable expense under CPR Part 21.12?
  2. 2 Are the base costs and success fee claimed by the Claimants' solicitors reasonable and proportionate?
  3. 3 Does the retainer documentation exclude statutory protections under the Solicitors Act 1974 and CPR?

Ratio Decidendi

The court held that the appropriate success fee to be deducted from each child's damages as a reasonable expense under CPR Part 21.12 is 10% of reasonably incurred base costs (£1180 plus VAT), amounting to £141.60 per claim, as the risks in these straightforward cases were less than average and the base costs claimed were unreasonably high.

Court Disposition

Application for deduction of claimed success fees from children's damages refused in part; only £141.60 per claim allowed as a reasonable expense.

Orders

  • Deduction of £141.60 from each child's damages for success fee approved under CPR Part 21.12.
  • Balance of damages to be invested in accordance with investment directions to be given upon handing down of judgment.