Kilby v Gawith (2008)
Kilby v Gawith (2008)
The Court of Appeal
Date: 19/05/08
The Issues: The Claimant had entered into a CFA, with a success fee of 12.5%, although she had the benefit of BTE insurance. Damages of £3,068.84 had been agreed in relation to an RTA claim without proceedings being issued. The Defendant argued that it was unreasonable to pay any part of a success fee when the Claimant had the benefit of a BTE insurance policy which would have enabled her solicitors to have conducted this claim without risk.
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