Kilby v Gawith [2008] EWCA Civ 812

Posted on Monday, May 19th, 2008

The appeal concerned, under Section II of CPR Part 45, the interpretation of the fixed recoverable costs regime. The matter concerned an unlitigated RTA case where the total agreed damages were £3,068.84.

The Claimant had entered into a CFA, with a fixed success fee of 12.5%, although he had the benefit of BTE insurance. The Defendant argued that it was unreasonable to pay any part of the success fee under a CFA when the Claimant had BTE insurance. The District Judge allowed the 12.5% success fee as he ruled that he had no discretion to disallow it.

The Court of Appeal held that in CPR Part 45.11(1), the word ‘may’ meant ‘entitled to’ and so didn’t imply that the Court had a discretion to disallow the success fee. The appeal was dismissed.

Bookmark and Share


Receive our news and updates
Enter your email address below to subscribe
Contact us
Tel: 01228 819131 Fax: 01228 501810 Dx: 63314 Penrith Email:

We would happily recommend the services of Paramount to all litigation departments. Their team is highly proficient and they have successfully negotiated some excellent costs settlements at competitive prices. Professional yet always “user-friendly” –an absolute pleasure to do business with.

© 2015 Paramount Legal Costs Limited