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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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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