The WLR Daily case summaries
[2022] WLR(D) 295
Court of Appeal
Candey Ltd v Tonstate Group Ltd and others
[2022] EWCA Civ 936
2022 May 10;
July 6
July 6
Males, Arnold, Andrews LJJ
Solicitor— Costs— Damages-based agreement— Defendant retaining a share of assets claimed from him as a result of proceedings— Defendant’s solicitors seeking percentage of retained shareholding in accordance with damages-based agreement fees agreement— Whether permissible to enter into damages-based agreement with non-counterclaiming defendant— Whether damages-based agreement only entitling solicitors to payment if client recovering something from opposing party— Whether defendant and solicitors entering into valid damages-based agreement—
Courts and Legal Services Act 1990, s 58AA(3)
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Damages-Based Agreements Regulations 2013 (SI 2013/609), regs 1(2), 4(1)(3)