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Liability Risk and Insurance

Conditional fee agreements and success fees

The court had no discretion under CPR r 45.11(1) to disallow a successful claimant a success fee provided for in the conditional fee agreement with her solicitors. The Court of Appeal so held, dismissing an appeal by the defendant from the order of a County Court judge, in which he upheld the decision of a District Judge that the claimant was entitled to costs which included a 12.5% success fee.

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