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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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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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