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01 November 2018 / Grania Langdon-Down
Issue: 7815 / Categories: Features , Fees
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Lessons from Candey

​A series of recent decisions provide important guidance for litigators over securing fees when a client goes bust, says Grania Langdon-Down

London litigation boutique CANDEY (Candey) acted for Peak Hotels and Resorts Limited (Peak) in a highly charged takeover battle in the luxury hotel industry running across four jurisdictions. When Peak subsequently went into liquidation, the law firm found itself in dispute with the liquidators at KPMG, Russell Crumpler and Sarah Bower, over its fees.

Ashkhan Candey, the law firm’s managing partner and head of corporate and commercial disputes, says: ‘The question what to do when your client goes bust is a critical issue for law firms, whether the case is being funded by fixed fees, conditional fee agreements (CFAs) or damages-based agreements (DBAs).’

His firm had agreed a fixed fee of £3.8m to help Peak’s cash flow halfway through the litigation. By the time the hotel company went into liquidation, Candey had done about £1.2m of work based on its usual hourly rates. The law firm claimed to be a secured creditor for the full

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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