The Issues: The Parties reached agreement at the doors of the Court, on the day fixed for the quantum trial. The trial judge approved an Order in the agreed terms. Subsequently both the Claimant’s solicitors and Counsel claimed a success fee of 100%, as a fixed recoverable success fee on the basis that the case concluded at trial, however the Defendants objected saying that the case had concluded before the trial had commenced. When is a trial said to have commenced for the purpose of assessing the success fee?
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