Oliver v Whipps Cross University Hospital NHS Trust & Anor

Oliver v Whipps Cross University Hospital NHS Trust & Anor

The master erred in concluding that the prospects of success should have been assessed at 60% rather than 50%. The assessment at the time of entering the CFA was that the claim had uncertain prospects, possibly lower than 50%, justifying a 100% success fee. The appeal is allowed and the success fee restored to 100%.

Source-derived case information.

Parties
Claimant: David Ian Oliver (Executor of the estate of John Frederick Oliver Deceased); Defendant: Whipps Cross University Hospital NHS Trust; Defendant: Waltham Forest Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
21 May 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Conditional Fee Agreements, Success Fees, Costs Assessment
Civil Procedure Costs Conditional Fee Agreements Success Fees Costs Assessment

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Parties

David Ian Oliver (Executor of the estate of John Frederick Oliver Deceased)

Claimant

Whipps Cross University Hospital NHS Trust

Defendant

Waltham Forest Primary Care Trust

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the success fee in the conditional fee agreement should be assessed at 100% or reduced to 67%
  2. 2 Whether the prospects of success at the time of entering the CFA justified a 100% success fee

Ratio Decidendi

The master erred in concluding that the prospects of success should have been assessed at 60% rather than 50%. The assessment at the time of entering the CFA was that the claim had uncertain prospects, possibly lower than 50%, justifying a 100% success fee. The appeal is allowed and the success fee restored to 100%.

Court Disposition

Appeal allowed

Orders

  • Success fee restored to 100%