Success Fees
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The latest round in the battle over success fees in clinical negligence cases has recently been reported.
In McCarthy v Essex Rivers Healthcare NHS Trust the Costs Judge reduced the success fee from 100% to 80% despite the fact that he accepted that on the basis of what was known to the Solicitors at the time of entering into the CFA the prospects were no higher than 50%. The Master's decision was upheld on Appeal.
There have now been several reported decisions on success fees in clinical negligence matters, Barham v Athreya, Oliver v Whipps Cross University Hospital NHS Trust, and the above mentioned McCarthy, the report of which also cites Lum v Basildon and Thurrock University Hospital NHS Trust.
So far there doesn't appear to be a consistency of approach to these sort of cases but it is certainly worthwhile considering each of the decisions when putting forward arguments in support of success fees.
If you would like to have a word about this, or indeed any other costs issues, please don't hesitate to contact me.
Andrew
A Neat Legal Services
Law Costs Draftsmen and Costs Consultants.
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