The Weekly Law Reports
[2022] 1 WLR 4653
Court of Appeal
*Candey Ltd v Tonstate Group Ltd and others
[2022] EWCA Civ 936
2022 May 10; July 6
Males, Arnold, Andrews LJJ
Solicitor— Costs— Damages-based agreement— Solicitors acting for client in litigation— Agreement providing client only liable to pay for solicitors’ services in event of recovering damages or deriving benefits from litigation— Client unsuccessful in litigation apart from resisting claim for him to return shares in company— Whether solicitors entitled to payment under agreement— Whether agreement between non-counterclaiming defendant and solicitors capable of being enforceable “damages-based agreement”—
Courts and Legal Services Act 1990 (c 41), s 58AA(3)
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Damages-Based Agreements Regulations 2013 (SI 2013/609), regs 1(2), 4(3)