Claimant solicitors beware!! In the case of Re Sitapuria heard in Liverpool in December 2007, His Honour Judge Stewart found that for the purposes of 45.16 and 45.17 solicitors and counsel are only entitled to 100% success fee if the case is actually opened in court.

Upon that basis where disposals or trials are settled by consent on the day of trial at the doors of the court this will not warrant a 100% uplift as the matter is not concluded at trial!

To date the case has not been reported and I am not aware of the detailed reasoning but watch this space for more information as to the reasons for the judgment when this becomes available.

Kirsty McKinlay
9 January 2008
Young Street Chambers.