Court of Appeal, Civil Division, Arden, Thomas, Moore-Bick LJJ and
Master Hurst, 19 December 2008 ;
In July 2000, the claimant was a passenger in a car being driven by her brother, the defendant. He lost control of the vehicle, causing a crash. The claimant suffered serious injuries. She instructed solicitors and, in February 2001, the defendant’s insurers admitted liability on his behalf. Shortly afterwards the claimant instructed new solicitors, with whom she entered a CFA in May 2001. That agreement provided for a success fee of 98%, of which 15% represented the cost of funding. Clause 5 provided: “If we advise you to reject an offer of settlement or payment into court and the case goes ahead to trial where you are awarded damages which are equal to or less than the offer or payment in:- you do not have to pay any of our basic costs or percentage increase for the work done after we receive notice of the offer or payment in...”
Proceedings were issued in
