A & Anor v Royal Mail Group [2015] EW Misc B24 (CC) (14 August 2015)

A & Anor v Royal Mail Group [2015] EW Misc B24 (CC) (14 August 2015)

The court refused to approve deduction of ATE insurance premiums from the children's damages as they were not a reasonable expense in a QOCS-protected, low-risk case. The court also refused to summarily assess or approve deduction of the 100% success fee due to non-compliance with procedural requirements (lack of risk assessment, inadequate evidence/advice to Litigation Friend) and because a 100% success fee was not reasonable or reasonably incurred in the circumstances. Any application for deduction of success fees must proceed to detailed assessment.

Citation
[2015] EW Misc B24 (CC)
Parties
Claimant: A; Claimant: M; Litigation Friend: MS; Defendant: Unknown (Insurers for Defendant)
Jurisdiction
England and Wales
Judgment Date
14 August 2015
Procedural Posture
Personal Injury Claim (minor, Road Traffic Accident) / Application for Approval of Settlement and Deduction of Success Fees and ATE Premiums From Damages
Outcome
Application for deduction of ATE insurance premiums and summary assessment of success fees from children's damages refused.
Legal Topics
Conditional Fee Agreements, Success Fees, ATE Insurance Premiums, Child Claimants, Court Approval of Settlements, Qualified One Way Costs Shifting (qocs)
Civil Procedure Personal Injury Costs Conditional Fee Agreements Success Fees ATE Insurance Premiums Child Claimants Court Approval of Settlements +1 more

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Parties

A

Claimant

M

Claimant

MS

Litigation Friend

Unknown (Insurers for Defendant)

Defendant

Procedural Posture

Personal Injury Claim (minor, Road Traffic Accident) / Application for Approval of Settlement and Deduction of Success Fees and ATE Premiums From Damages

Legal Issues

  1. 1 Whether success fees and ATE insurance premiums can be deducted from child claimants' damages under CPR Part 21.12
  2. 2 Whether the solicitors complied with CPR PD21 requirements for deduction of expenses from damages
  3. 3 Whether a 100% success fee is reasonable and reasonably incurred in straightforward child personal injury claims

Ratio Decidendi

The court refused to approve deduction of ATE insurance premiums from the children's damages as they were not a reasonable expense in a QOCS-protected, low-risk case. The court also refused to summarily assess or approve deduction of the 100% success fee due to non-compliance with procedural requirements (lack of risk assessment, inadequate evidence/advice to Litigation Friend) and because a 100% success fee was not reasonable or reasonably incurred in the circumstances. Any application for deduction of success fees must proceed to detailed assessment.

Court Disposition

Application for deduction of ATE insurance premiums and summary assessment of success fees from children's damages refused.

Orders

  • ATE insurance premiums not to be deducted from damages.
  • Application for deduction of success fees to proceed to detailed assessment if pursued.