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Kilby -v- Gawith - Fixed success fees under CPR 45 S2

We argued that a success fee should not be recoverable under CPR 45.11 where the claimant had the benefit of the before the event legal expenses insurance. The Court of Appeal held that as long as there was a CFA, the claimant was entitled to recover the fixed success fee regardless of whether it was unreasonably or unnecessarily incurred.