C v W [2008] EWCA Civ 1459, [2008] All ER (D) 239 (Dec)
Where a conditional fee agreement includes a term to the effect that: “If we advise you to reject an off er of settlement or payment into court and the case goes ahead to trial where you are awarded damages which are equal to or less than the offer or payment in, you do not have to pay any of our basic costs or percentage increase for the work done after we receive notice of the off er or payment in”, it is worth considering the inclusion of a variant of the two-stage success fee discussed in Callery v Gray [2001] EWCA Civ 1117, [2001] 3 All ER 833, in the form of a clause giving them the right to review the success fee once an offer to which the clause applies has been made (See Law reports p 73–74).
