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This article misses out the important point that the Judge also ruled that CPR r.44.3B(1)(d) had not been engaged so there was no breach of the rules in any event. This is, as anyone familiar with the detailed assessment process would know, utter nonsense. The point was only argued by the paying party to clutch at straws in light of the harsh Mitchell era ruling at first instance (Denton was handed down after this appeal was heard but before this Judgment was handed down).

Parties recovering costs no longer need to disclose details of their CFA or dodgy "get paid even if we lose but still charge 100%" CCFA because the sanction is limited to losing the success fee on assessment costs. In provisional assessment success fee is within the £1500 cap on assessment costs so no sanction.

Unscrupulous receiving parties with terms in their CFA/CCFA that would limit the success fee are going to love this.

Unfortunately this nonsensical element of the judgment will not be appealed because it is academic post Denton.



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