The claimant made an application for an increased success fee as the claimant who was catastrophically injured recovered more than £750,000.00.
The accident occurred in 2004, the claimant was an infant passenger in a car driven by her uncle. Proceedings were issued and the claim was privately funded for three years. In January 2007, shortly before the Claimant’s 18th Birthday, a CFA was entered into. At this point, primary liability had been admitted, contributory negligence was agreed with a reduction of 15% and no Part 36 offers had been made.
The damages settlement was reached at £750,000.00 with further periodical payments. The claimant’s solicitor applied for an increased success fee under CPR 45.18(2) as the settlement was greater than £500,000.00. The claimant solicitors applied for a success fee of 25%. The risk assessment included factors such as the nature of the claimant’s injury, limitation, the lack of supporting evidence, contributory negligence, the value of the claim and Part 36 risks. The rules state that if the court assesses the success fee between 7.5% and 20% then the original success fee of 12.5% under CPR 45.16 must be allowed.
When the CFA was entered into primary liability had been admitted and no Part 36 offer had been made. The only issues outstanding were contributory negligence and quantum. The judge went through the factors. A statement would not have been helpful and limitation was not approaching as the claimant had yet to reach majority.
Supporting witness evidence was not required and the value of the case did not increase the risks. There was no risk of not beating a Part 36 offer. The issue of capacity was raised but the judge found that this did not increase the risks. The appropriate success fee would have been 20% and in light of the rules this would be capped at 12.5%.
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