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Approval of Success Fee Deduction From Damages for a Protected Party - Richard Lowery, Express Solicitors

11/10/17. The Claimant was injured when the Defendant turned right from a main road into the side street which the Claimant was crossing and collided with the Claimant. The Claimant sustained a substantial head injury.

At the outset of the claim, a Conditional Fee Agreement had been entered into by the Claimant’s Litigation Friend, which provided for a success fee limited to 25% of the Claimant’s “relevant damages”. Ultimately, a compromise was reached between the parties which was approved at a Protected Party Approval Hearing on 27th May 2016.

Following approval, agreement was reached between the parties in relation to the Claimant’s recoverable costs.

An Application was subsequently made on behalf of the Litigation Friend for payment of the appropriate success fee out of the Claimant’s damages pursuant to CPR r.21.12, which was considered by His Honour Judge Platts on 17th February 2017...

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