Lamont v Burton [2007] EWCA Civ 429, [2007] All ER (D) 131 (May)
Court of Appeal, Civil Division
May, Dyson and Smith LJJ
9 May 2007
CPR Pt 44 cannot be invoked to circumvent, either directly or indirectly, the mandatory provisions of CPR Pt 45; 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.
Jeremy Morgan QC and William Poole (instructed by Cogent Solicitors, Birmingham) for the claimant. Greg Cox, solicitor advocate, of Colemans-ctts for the defendant.
The claimant was injured in a road traffic accident in September 2004. He instructed solicitors under a conditional fee agreement (CFA) and took out after the event insurance. The defendant admitted liability. Proceedings were issued in June 2005. No defence was filed. A payment was made under CPR Pt 36 in the sum of £1,800 in August 2005, but it was not accepted. A “disposal hearing” within the meaning of CPR 36 PD para 12.4 was conducted in September 2005 at which the claimant was awarded damages of £1,774.32.
The defendant argued that
