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.