The Supreme Court Costs Office

No.9 of 2005

 Begum v Klarit

 15 February 2005

 Court of Appeal (Brooke, Latham and Neuberger LJJ)

In summarily assessing the costs of a successful respondent the Court of Appeal criticised the high level success fees stipulated by the solicitors and counsel (70% and 100% respectively) on the basis that the respondent’s case was at all times a stone-cold certain winner.

The Court of Appeal reduced the success fees to 15% on the basis that unless the Appellants could persuade the Full Court to grant a wider permission to appeal than the single Judge had granted:

"Any success that he achieved would not be worth the paper it was written on, because of underlying findings of fact which would not be challengeable on the appeal."