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.

KEEP UP TO DATE WITH OUR NEWSLETTER

paramount legal costs

PARAMOUNT LEGAL COSTS LTD

Atlantic House, Parkhouse, Carlisle,

Cumbria, CA3 0LJ

Tel: 01228 815390

Fax: 01228 501810


[email protected]


© Paramount Legal Costs / Website by: Freshspace.