100% success fee allowed in claim for assault case

A Plymouth firm has clinched a rare 100% success fee in a claim for damages in an assault case, and now has its fingers crossed that other cases in the pipeline will yield the same result.

Gill Akaster took on the case of a commercial tenant who had been assaulted by his landlord last year.

Stephen Ramsden, a solicitor in the personal injury department, argued that the 100% success fee should be granted because the case involved a defended claim and there were no witnesses to the assault.

The case later settled without admission of liability, with the judge approving the success fee.

Mr Ramsden said that although he believed the judge made his assessment of the case on its merits, courts did not seem to look kindly on defendants serving notices of intention to defend and then arguing that they were inevitably going to lose.

'This is only the second assessment of a success fee we have had done; they are taking time to come through,' he added.

'I have to say we have been surprised by the amounts the courts are allowing.'

Earlier this year, the senior costs judge, Peter Hurst, allowed a 100% success fee in a libel action.

Paula Rohan