Success Fees and Protected Parties

There were some interesting developments towards the end of 2021 with regards to success fees being taken from a Client’s damages, where the Client is a child or protected party, and the case was funded by way of a CFA.  This was often something we would be asked, as there seemed to be different approaches taken by both Solicitors and Courts.

Firstly, Senior Costs Judge Gordon-Saker issued a very helpful practice note relating to the steps to take, when in such a situation.  It is helpful as it states the procedure to follow, and also includes templates to potentially use.  If you require a copy, then please do not hesitate to contact me.

There then followed the case of BCX v DTA [2021] EWHC B27 (Costs) where Costs Judge Brown substantially reduced the sums payable by the Client to their Solicitor.  The outcome was that the success fee was reduced from 20% to 15%, and the calculation was based on the profit costs recovered from the Defendant, not what was claimed.

It is worth keeping an eye on these areas of costs law, and I am always interested to hear different experiences across the Country.  You can contact me (Tom Brocklebank) here or on 01228 815394.


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