100% slip/trip uplift

A 100% success fee in a slip and trip case - reduced to 50% after admission of liability and 5% after settlement - could be the next key conditional fee agreement (CFA) decision for the Court of Appeal after a circuit judge exercised his discretion to give general guidance in CFA cases.

The Gazette's sister publication, Litigation Funding, reports this month that in Lea v Cheshire County Council, Judge Kevin Barnett identified the 'variable nature of risk' as a key problem many courts face, saying he is 'firmly of the view that it is not reasonable for a legal representative to enter into a CFA which provides for a very real and significant success fee but which does not provide for a reduction of that fee in the event of a subsequent admission of liability'.

The council's solicitors, Weightman Vizards, have now lodged an application for permission to appeal.

Judge Barnett upheld the 100% success fee, accepting the risky nature of tripping cases even though they are not complex, as the defendant highway authority can establish a statutory defence.

The judge also upheld the deputy district judge's decision to reduce the success fee after admission of liability.

While he said he would have reduced it to 25%, the monetary impact was sufficiently small that he would not disturb the lower ruling.

He also upheld the further reduction to 5% after settlement.

The claimant's solicitor, Martin Cockx of Manchester-based Amelans, said his firm's records showed that 100% was appropriate for slip and trip cases because 'you lost a lot along the way'.

He said his firm is now adopting a staged success fee.

Neil Rose