Kilby v Gawith: CA 19 May 2008

No discretion for refusal of costs

The court was asked whether it has a discretion under Rule 45.11(1) whether or not to award a claimant, who has entered into a conditional fee agreement with his solicitor, the fixed success fee of 12.5%.
Held: The court had no discretion to refuse to a successful claimant the success fee provided for in the conditional fee agreement with her solicitors, where there had been costs only proceeding after a settlement before proceedings of a small personal injury claim.

Sir Anthony Clarke MR, Lady Justice Arden and Lord Justice Dyso
[2008] EWCA Civ 812, Times 13-Jun-2008, [2009] 1 WLR 853
England and Wales
CitedButt v Nizami QBD 9-Feb-2006
The court considered the effect of negotiations on costs claims: ‘Changes were made to the Rules of Court. Some of these changes, and in particular the provisions of Sections II to V of CPR45, were introduced following ‘industry wide’ discussions . .
CitedLamont v Burton CA 9-May-2007
The defendant had settled the claim for damages for personal injury. His payment in had been rejected, but the claimant won a smaller sum at trial. He now argued that the claimant should not receive the full 100% costs uplift provided.
Held: . .

Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 01 November 2021; Ref: scu.270807