FKJ v RVT & Ors

FKJ v RVT & Ors

The reasonable recoverable success fee under the Claimant's CFAs is 50%, reflecting the real litigation risk as objectively assessed at the time the CFAs were entered into. The claim was strong on liability but not without risk, particularly given the anticipated robust defence, evidential uncertainties, and the possibility of only nominal damages. The higher staged success fees claimed (up to 100%) were not justified by the actual risk profile. The proper uplift, by reference to the Ready Reckoner and the authorities, is 50%.

Parties
Claimant: FKJ; Defendant: RVT; Defendant: QGN; Defendant: CBN
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Costs Assessment (high Court, Senior Courts Costs Office) / Assessment of Recoverable Success Fees Under Cfas Following Settlement
Outcome
Claimant partially successful on costs assessment
Legal Topics
Misuse of Private Information, Conditional Fee Agreements, Costs Assessment, Success Fees, Proportionality, Part 36 Offers
Civil Procedure Privacy Law Misuse of Private Information Conditional Fee Agreements Costs Assessment Success Fees Proportionality Part 36 Offers

Case Brief

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Parties

FKJ

Claimant

RVT

Defendant

QGN

Defendant

CBN

Defendant

Procedural Posture

Costs Assessment (high Court, Senior Courts Costs Office) / Assessment of Recoverable Success Fees Under Cfas Following Settlement

Legal Issues

  1. 1 What is the reasonable recoverable success fee under the Claimant's CFAs for a misuse of private information claim settled on the eve of trial?
  2. 2 How should the risk at the time of entering the CFAs be objectively assessed for the purposes of costs recovery?

Ratio Decidendi

The reasonable recoverable success fee under the Claimant's CFAs is 50%, reflecting the real litigation risk as objectively assessed at the time the CFAs were entered into. The claim was strong on liability but not without risk, particularly given the anticipated robust defence, evidential uncertainties, and the possibility of only nominal damages. The higher staged success fees claimed (up to 100%) were not justified by the actual risk profile. The proper uplift, by reference to the Ready Reckoner and the authorities, is 50%.

Court Disposition

Claimant partially successful on costs assessment

Orders

  • Success fees recoverable by the Claimant under the Taylor Hampton, Hirst, and Page CFAs are limited to 50% of basic charges.
  • Costs to be assessed accordingly.