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15 January 2009
Issue: 7352 / Categories: Features , Procedure & practice , Profession , Costs
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Law digest: Legal profession

C v W [2008] EWCA Civ 1459, [2008] All ER (D) 239 (Dec)

Where a conditional fee agreement includes a term to the effect that: “If we advise you to reject an off er of settlement or payment into court and the case goes ahead to trial where you are awarded damages which are equal to or less than the offer or payment in, you do not have to pay any of our basic costs or percentage increase for the work done after we receive notice of the off er or payment in”, it is worth considering the inclusion of a variant of the two-stage success fee discussed in Callery v Gray [2001] EWCA Civ 1117, [2001] 3 All ER 833, in the form of a clause giving them the right to review the success fee once an offer to which the clause applies has been made (See Law reports p 73–74).
 

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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