RTA Success Fees

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However well drafted Court rules are there inevitably seem to be situations which were not envisaged at the time the rules were made and this was highlighted in the recent case of Lamont -v- James Burton.

The case centred around what percentage uplift for success fee was appropriate in a road traffic accident. On the face of it the rules are quite straight forward in that the success fees are fixed at 12.5% or 100% if the matter concludes at trial.

• What is the situation however where a Part 36 payment has been made before the trial and the matter concludes at trial for a sum less than the Part 36 payment?
  
  The base costs had been summarily assessed up until the last date upon which the Part 36 payment could have been accepted without permission and the question was therefore should the success fee on those costs be 100% or 12.5%? It was common ground between the parties that the matter had concluded at trial.

On appeal from the Trial Judge it was held that whilst there might be a case for deciding that where a Claimant failed to beat a Part 36 payment he should only be awarded the same success fee as he would have recovered had he accepted it. That was not the effect of the CPR.

The Trial Judge's award of a success fee of 100% was upheld and the appeal was dismissed.