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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have had legal dispute against a solicitor and a barrister,

Customer Question

We have had legal dispute against a solicitor and a barrister, which was taken on by a solicitor on a "no win no fee" basis, this involved a 100% uplift on success. The solicitor has been successful and we have obtained about 85% of our claim. Is the solicitor entitled to the full uplift as we have only been successful to 85% of our claim?
The fees are being paid by the other side, but not the full amount, should the short fall be deducted from our settlement?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did the Court award 100% of costs or 85% please?

Alex Watts :

What does your CFA say about lesser awards?

JACUSTOMER-wu10yqlk- :

This has not reached the court stage, We settled the claim before as the solicitor advised. The parties are know discussing the costs.

JACUSTOMER-wu10yqlk- :

The CFA I will have to check it.

Alex Watts :

I assume you agreed to the 85%?

JACUSTOMER-wu10yqlk- :

Yes

Alex Watts :

You need to check the wording of the CFA.

Alex Watts :

85% of costs would be paid by the other side.

Alex Watts :

But you may be required to pay the remaining 15% - you need to check the wording of the CFA.

Alex Watts :

But even if it went to Court 15% reduction on costs is not unreasonable and those costs would not be recoverable.

Alex Watts :

But check the wording of the CFA

Alex Watts :

Can I clarify anything for you about this?

JACUSTOMER-wu10yqlk- :

But the settlement was only 85%, should the solicitor be entitled to 100% uplift? The costs are still being discussed. We will have to read the CFA.

Alex Watts :

It depends on the CFA.

Alex Watts :

If it was at Court then it would be a 12.5% uplift

JACUSTOMER-wu10yqlk- :

I''ll read the CFA and get back to you.

Alex Watts :

Ok

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