Lamont v Burton [2007] EWCA Civ 429, [2007] All ER (D) 131 (May)
In a road traffic accident claim the claimant’s solicitors, operating under a conditional fee agreement providing for a success fee, were held to be entitled to a 100% success fee under CPR Pt 45, where the claimant had won at trial, even though he failed to exceed an earlier payment into court. There is no discretion to award a lesser increase. The only circumstances in which the court may allow a success fee different from that prescribed by CPR 45.16 in relation to solicitors’ fees are those described in CPR 45.18.
