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High Court Slashes Success Fee

50k-settlement Has a success fee been taken from your compensation?

Having discussed the risks and the proper approach of a reasonable cost judge and a reasonable solicitor with my assessor, I conclude that a reasonable success fee might, at a pinch, have been assessed at 20% but certainly no higher and probably lower.

Mr.Justice Martin Spencer

​This appeal case, although it deals with the amount of success fee payable by an opponent, reinforces the point that any success fee in a "no win, no fee" agreement should reflect the risk of the solicitor not being paid his or her fees.

A success fee, which had originally been claimed at 100% but reduced on assessment by the District Judge at the first hearing to 65%, was assessed by the High Court at 20% (and then because of a particular provision of the rules that applied in this case, actually allowed at 12.5%).

In many road traffic accident cases - particularly if it was a rear end shunt or you were a passenger in the vehicle - the risk of your solicitor not winning the case and therefore not being paid are very small. If your "no win no fee" agreement provides for a success fee of more than 20% then get in touch as you might be entitled to a refund.

A full report on the Appeal can be found in the link below.

Manjit Gill against Heer Manak Solicitors

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