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England and Wales decisions
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The court approved a child personal injury settlement but allowed only £330 plus VAT for a CFA success fee and disallowed the ATE premium as unreasonable.
Spicer v Greene King Brewing And Retailing Ltd [2026] EWCC 18 (17 April 2026)
In a child personal injury approval hearing, the court approved settlement but limited deductions from damages to a £330 plus VAT success fee and disallowed the ATE premium.
The High Court dismissed an appeal about a solicitor’s bill under a CFA, holding that no restitutionary claim arose and nil assessment was proper.
The Winros Partnership v Global Energy Horizons Corporation [2025] EWHC 3362 (Ch) (19 December 2025)
High Court appeal over solicitors’ fee assessment under a CFA was dismissed. The court held no restitutionary claim arose and nil assessment was proper.
The High Court dismissed a solicitors’ appeal over a counterclaim for fees and disbursements, holding the recorder had not erred in rejecting the allegation that the client deliberately misled the firm.
Harrison Bryce Solicitors Ltd v Shamaj [2025] EWHC 2826 (KB) (31 October 2025)
The High Court dismissed Harrison Bryce Solicitors’ appeal against dismissal of its counterclaim for fees and disbursements in a negligence dispute with a former client.
The Appellant raised a genuine issue as to the Respondents’ liability to pay their solicitors’ fees under the CCFAs, given the unusual outcome of the petition proceedings and the low threshold for election under CPR 47PD 13.13. Therefore, the Respondents must be put to election to disclose the CCFAs or rely on other evidence.
Source excerpt
The Winros Partnership v Global Energy Horizons Corporation [2025] EWHC 2044 (Ch) (01 August 2025)
The High Court considered whether a costs objection was an abuse of process for being raised too late. Permission to appeal was granted, but the appeal was dismissed.
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%.
Source excerpt
FKJ v RVT & Ors [2025] EWHC 1963 (SCCO) (28 July 2025)
Costs Judge Leonard assessed recoverable success fees under pre-commencement CFAs in a private information claim and held that a 50% final-stage fee was reasonable.
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