Jurisdiction(s):
United Kingdom

Duffield v WM Morrison: appeal permits deduction of success fee and ATE from child’s damages; informed consent governs; proportionality of ATE irrelevant; QOCS only affects enforcement – England and Wales

Published on: 09 July 2025

Published by a LexisNexis PI & Clinical Negligence expert

Legal News

Article summary

The County Court at London ultimately upheld an appeal against a ruling that refused deduction of an ATE premium from a child claimant’s compensation following a successful personal injury case. In Duffield (a minor, by his mother and litigation friend Ms Sandra Matuleviciute) v WM Morrison Supermarkets Ltd [2025] Lexis Citation 1723, the claimant’s solicitors challenged the reduction of the success fee and the refusal to permit the ATE premium to be taken from the child’s award. The claim resolved for £2,250, approved by DDJ Walton. The solicitors asked the court to approve a £450 success fee together with an ATE premium of £675, amounting to 50% of the Claimant’s damages. The court sanctioned a lower success fee but rejected the ATE in full. The appeal proceeded without opposition and was unopposed. HHJ Monty KC noted concern that the approach taken by the DDJ was not rare, and therefore chose to issue a written judgment to assist in other similar cases.

Spead read The decision can be summarised as follows:

success fees are a matter of contract between the contracting parties
when determining whether a success fee can be deducted from a child's or protected party's damages the court must...

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