C v W [2008] EWCA Civ 1459

Costs: Back to the future with CFAs

Paul Jones considers the arguments concerning the recoverability of success fees using retrospective agreements ‘The recoverability of success fees made conditional fee agreements exponentially more attractive to claimants and their solicitors but, as a result of their growth, they became more and more objectionable to defendants.’Conditional fee agreements (CFAs) may very well go down in …

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Costs: Non-fixed success fees – what is reasonable?

Paul Jones considers the risk factors the court will take into account ‘The fact that the success fee was staged could not be used to justify a higher success fee and, consequently, the Master’s assessment of a reasonable success fee at 30% was a reasonable decision.’ With the growth of fixed success fees and, indeed, …

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