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29 May 2008
Issue: 7323 / Categories: Case law , Public , Legal services , Law digest
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Civil Litigation

Kilby v Gawith [2008] All ER (D) 248 (May)

The question to be decided was whether there is a discretion under CPR 45.11(1) to allow a success fee once the claimant has entered into a conditional fee agreement.

HELD While CPR r 45.11(1) provides that a claimant “may recover a success fee”, the natural meaning is that a claimant is entitled to claim a success fee. CPR r 45.11(2) provides that the amount of the success fee “shall be” 12.5%, which means that where a success fee is recovered it has to be 12.5%. If the draftsman had intended there to be a discretion to grant a success fee, he would not have fettered that discretion by specifying the amount.

 

Issue: 7323 / Categories: Case law , Public , Legal services , Law digest
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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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