James v Ireland

Practice – Pre-trial or post-judgment relief. CPR 45 provided for a fixed percentage by which the amount of a legal representative's fee could be increased in accordance with a conditional fee agreement ('CFA') which provided for a success fee. Section III dealt with road traffic accident claims. The defendant appealed from an order of which held that for the purpose of CPR 45.16 and 45.17 the trial of the action had commenced and accordingly the claimant was entitled to recover a success fee of 100% on base costs. The Queen's Bench Division, in allowing the appeal, held that the master had erred in treating the start of a hearing related to the liability issue as the start of the contested hearing of that issue.

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