Brendan Duffield v WW Morrison Supermarkets Ltd
The lower court erred by limiting the success fee to 10% of damages and disallowing the ATE premium; both deductions were contractually agreed, informed, and reasonable, and should be allowed subject to CPR 21.12 caps.
- Parties
- Claimant: Master Brendan Duffield; Litigation Friend: Ms Sandra Matuleviciute; Defendant: WM Morrison Supermarkets Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 07 January 2025
- Procedural Posture
- Personal Injury / Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Deduction of Costs From Damages, Success Fee, ATE Premium, Litigation Friend, CPR 21.12, Solicitor Client Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Master Brendan Duffield
Claimant
Ms Sandra Matuleviciute
Litigation Friend
WM Morrison Supermarkets Ltd
Defendant
Procedural Posture
Personal Injury / Appeal Judgment
Legal Issues
- 1 Whether the litigation friend can deduct the full success fee and ATE premium from the child claimant's damages
- 2 Whether the lower court erred in limiting the success fee and disallowing the ATE premium
Ratio Decidendi
The lower court erred by limiting the success fee to 10% of damages and disallowing the ATE premium; both deductions were contractually agreed, informed, and reasonable, and should be allowed subject to CPR 21.12 caps.
Court Disposition
appeal allowed
Orders
- Ms Matuleviciute is entitled to deduct £450 success fee and £675 ATE premium from damages
- Court Funds Office to pay out £900 to Ms Matuleviciute
Full Case Text
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