Gloucestershire County Council v Evans and others [2008] EWCA Civ 21, [2008] All ER (D) 284 (Jan)
The correct interpretation of s 58(2)(b) of the Courts and Legal Services Act 1990 is as follows: “A conditional fee agreement provides for a success fee if it [the CFA] provides for the amount of any fees to which it [the CFA] applies to be increased, in specified circumstances, above the amount which would be payable if it [the amount of fees to which the success fee is applied] were not payable only in specified circumstances.” (Lord Justice Dyson, para 20)
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