Kilby v Gawith [2008] EWCA Civ 812 (19 May 2008)

Kilby v Gawith [2008] EWCA Civ 812 (19 May 2008)

CPR 45.11(1) does not confer discretion on the court to disallow the fixed success fee; a claimant who enters into a qualifying CFA is entitled to recover the fixed success fee, regardless of the existence of BTE insurance.

Citation
[2008] EWCA Civ 812
Parties
Claimant/respondent: Janie Kilby; Defendant/appellant: Donald Gawith
Jurisdiction
England and Wales
Judgment Date
19 May 2008
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Fixed Recoverable Costs, Conditional Fee Agreements, Success Fee, Road Traffic Accident Claims, Before the Event Insurance
Civil Procedure Costs Fixed Recoverable Costs Conditional Fee Agreements Success Fee Road Traffic Accident Claims Before the Event Insurance

Case Brief

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Parties

Janie Kilby

Claimant/respondent

Donald Gawith

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the court has discretion under CPR Part 45.11(1) to award a fixed success fee to a claimant with a CFA when BTE insurance exists

Ratio Decidendi

CPR 45.11(1) does not confer discretion on the court to disallow the fixed success fee; a claimant who enters into a qualifying CFA is entitled to recover the fixed success fee, regardless of the existence of BTE insurance.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled to recover fixed success fee of 12.5% under CPR 45.11(1)