Kilby v Gawith

Kilby v Gawith

CPR Rule 45.11(1) does not confer a discretion on the court to disallow the fixed success fee where the claimant has entered into a qualifying CFA; the claimant is entitled to recover the success fee of 12.5% as prescribed, regardless of the existence of BTE insurance.

Parties
Claimant/respondent: Janie Kilby; Defendant/appellant: Donald Gawith
Jurisdiction
England and Wales
Judgment Date
19 May 2008
Procedural Posture
Civil Appeal / Appeal From Liverpool County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Fixed Recoverable Costs, Conditional Fee Agreements, Success Fees, Interpretation of CPR Part 45
Civil Procedure Costs Fixed Recoverable Costs Conditional Fee Agreements Success Fees Interpretation of CPR Part 45

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Parties

Janie Kilby

Claimant/respondent

Donald Gawith

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Liverpool County Court to Court of Appeal

Legal Issues

  1. 1 Whether the court has discretion under CPR Rule 45.11(1) to award a claimant the fixed success fee of 12.5% where the claimant had before-the-event (BTE) insurance.

Ratio Decidendi

CPR Rule 45.11(1) does not confer a discretion on the court to disallow the fixed success fee where the claimant has entered into a qualifying CFA; the claimant is entitled to recover the success fee of 12.5% as prescribed, regardless of the existence of BTE insurance.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled to recover the fixed success fee of 12.5% under Rule 45.11(1)
  • No discretion to disallow the success fee on grounds of BTE insurance