Success fees revisited

Atack v Lee and another; Ellerton v Harris CA TLR 28 December; NLJ 7 January

The predictable costs regime for accident claims introduced on 6 October 2003 does not apply to conditional fee agreements in respect of cases arising out of accidents that took place before that date. In Atack the claimant appealed against the reduction of the success fee from 100% to 50% in a case that went to trial and then settled for £30,000 after a finding of liability. In Ellerton the defendant appealed against an award of a 30% success fee on a case that settled for £15,378.79 shortly after the proceedings had been issued and allocated to the multi-track. The claimant was an elderly lady who was knocked down by a motorist who drove off.