CFAs in Predictive Fee Cases
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Nizami -v- Butt
This is a case which is now well known to practitioners but it is worth mentioning because it is a very important case which perhaps shows that the indemnity principle will not live forever.
The case concerned an appeal by the Defendant against the decision of the Cost Judge who had found that recovery of fixed costs and a success fee under CPR Part 45.11 did not depend on there being a valid and enforceable CFA.
It was held that the indemnity principle should not apply to the figures that were recoverable under the predictable costs regime.
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