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Posts Tagged "counsel’s fees"

Challenging success fees

By on Oct 28, 2009 | 2 comments

The, now revoked, Collective Conditional Fee Agreement Regulations 2000 state: “5. (1) Where a collective conditional fee agreement provides for a success fee the agreement must provide that, when accepting instructions in relation to any specific proceedings the legal representative must prepare and retain a written statement containing – (a) his assessment of the probability of the circumstances arising in which the percentage increase will become payable in relation to those proceedings (“the risk assessment”); (b) his assessment of the amount of the percentage increase in relation to those proceedings, having regard to the risk assessment; and (c) the reasons, by reference to the risk assessment, for setting the percentage increase at that level.” In Various Claimants v Gower Chemicals (Cardiff County Court, 28/2/07) the paying party sought to argue that a failure to prepare a statement of reasons in accordance with Regulation 5(1) rendered the retainer invalid and all costs should therefore be disallowed.  That argument was rejected on the basis that “the natural and ordinary meaning of the regulation is that there must be a provision in a CCFA that complies with the specification set out in the regulation. Regulation 5(1) does not additionally require that the prescribed provision must be performed”. Is that an end to the story?  Not quite.  The ever ingenious Gibbs Wyatt Stone recently acted for the Defendant in an EL claim (Middleton v Mainland Market Deliveries Ltd (Southampton CC, 20/10/09)).  The Claimant’s Bill claimed a 100% success fee on the basis that the fixed EL success fees had been applied to the case when the claim was accepted under the CCFA and the matter had settled at trial.  In fact, the date of the accident was such that it did not fall within the fixed success fee regime.  The judge accepted that fixed success fees did not apply as a matter of law and that the Court could not simply adopt the fixed success fee figures when assessing the success fee in this case (see Atack v Lee [2004] EWCA Civ 1712). Costs Practice Direction 32.5(1)(b) requires a receiving party to serve with his Bill: “a statement of the reasons for the percentage increase given in accordance with Regulation 3(1)(a) of the...

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Fast Track Trial Costs

By on Feb 3, 2009 | 0 comments

The limit for claims allocated to the fast track is to be raised from £15,000 to £25,000 for proceedings issued on or after 6 April 2009. As a consequence of this change, the fixed fast track trial costs recoverable by counsel, or other advocate, will increase to £1,650 for claims with a value of more than £15,000 where the claim is issued on or after 6 April 2009. It will be important to keep an eye on the date proceedings were therefore issued. If a claim was issued before 6 April 2009, is allocated to the fast-track and the damages recovered are more than £15,000 the old maximum amount of £1,035 will continue to...

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