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29 May 2008
Issue: 7323 / Categories: Case law , Public , Legal services , Law digest
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Civil Litigation

Kilby v Gawith [2008] All ER (D) 248 (May)

The question to be decided was whether there is a discretion under CPR 45.11(1) to allow a success fee once the claimant has entered into a conditional fee agreement.

HELD While CPR r 45.11(1) provides that a claimant “may recover a success fee”, the natural meaning is that a claimant is entitled to claim a success fee. CPR r 45.11(2) provides that the amount of the success fee “shall be” 12.5%, which means that where a success fee is recovered it has to be 12.5%. If the draftsman had intended there to be a discretion to grant a success fee, he would not have fettered that discretion by specifying the amount.

 

Issue: 7323 / Categories: Case law , Public , Legal services , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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