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KU (A Child) v LCC [2005] EWCA Civ 475 (27 April 2005)

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Reasonableness of CFA success fee for detailed assessment: When called upon to assess the reasonableness of a success fee, the court must have regard to the facts and circumstances as they reasonably appeared to the solicitor at the time that the CFA was entered into, and not the facts and circumstances viewed with the benefit of hindsight. The court did not have the power under para.11.8(2) of the Costs Practice Direction to direct that a success fee in a CFA was recoverable at different rates for different periods of the proceedings, including a detailed assessment of costs.

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