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Success fees when liability is admitted

February 2009

C v W [2008] EWCA Civ 1459

The Court of Appeal has provided some helpful guidance for the assessment of success fees when CFAs are entered after liability has been admitted.

In this case the Claimant entered into a CFA after liability had been admitted and the CFA included a provision for no fees in the event that a Part 36 offer was not beaten.  The CFA provided for a success fee of 98% (inclusive of 15% for the postponement of payment of disbursements) and this was eventually reduced to 20% on appeal as it was held that the only risk was in relation to the Part 36 offer.  Please use the link attached to the above citation to read this useful judgment.

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Date:29 June 2022     Time:10:48:51