Need to assess risk when setting success fee for PI claims (Herbert v HH Law Ltd)

Table of contents

• What are the practical implications of the judgment?
• What was the background?
• What did the court decide?

Article summary

Personal Injury analysis: Ian Simpson, barrister, of 218 Strand Chambers, examines a decision that when a client applied pursuant to CPR 46.9(4) for a reduction of the percentage increase in a solicitor’s success fee under a conditional fee agreement (CFA), the risk in the individual case was not to be excluded as a relevant factor under the present costs regime for road traffic accident (RTA) claims which were settled before trial, but rather was likely to be the primary factor.