Kerry Underwood


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In Hampshire Hospitals, NHS Foundation Trust v Tucker [2017] EWHC 3650 (QB)

the Queen’s Bench Division of the High Court allowed an appeal against a judge’s assessment of a recoverable success fee on the ground that the judge’s failure to take into account relevant documents was a procedural irregularity.

The issue here was whether the success fee should have been 100% as allowed by the judge, or 70% as contended by the paying party.

Even given this fairly narrow area of disagreement, the High Court declined to substitute its own decision, in spite of being invited to do so.

“The assessment of a reasonable success fee is one for an experienced costs judge, with years of experience of assessing the risks of litigation and of conditional fee agreements, to make. It is not one for a very new visitor to this highly specialised arena.”



Ridiculous. So we now have full High Court judges unprepared to assess the risks of litigation. What happens if this comes back on appeal? Parliament has decided that High Court judges should have an appellate function. End of.

Written by kerryunderwood

May 9, 2018 at 8:29 am

Posted in Uncategorized

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