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11 March 2010 / Kerry Underwood
Issue: 7408 / Categories: Features , Damages , Commercial
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Contingency matters

Kerry Underwood welcomes the first steps to full contingency fees

Contingency fee agreements are prohibited in any issued case in the High Court or County Court in England and Wales, but this may be about to change, as a result of the Jackson Report.

“Contingency fee” is used to describe an agreement by which the client’s lawyer is only paid if the claim is successful and is then paid out of damages received, usually as a percentage of those damages, the percentage being fixed in advance of the claim being made. Pure conditional fee agreements are a form of contingency fee in that the client’s obligation to pay is contingent upon winning but that extra fee is a percentage uplift on costs and is unrelated to damages.

Success fees conditional

No win, lower fee conditional fee agreements, increasingly used in commercial cases, are a strange hybrid where, as the name suggests, the solicitor gets a higher hourly rate for winning, but still gets paid in the event of defeat, albeit a lower fee. In the event of victory there is also a success

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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