REPRIEVE FOR SUCCESS FEES FROM THE NEW PROPORTIONALITY TEST The Court of Appeal has handed down its long-awaited judgment in the case of BNM v MGN Ltd [2017] EWCA Civ 1767 dealing with the issue of whether additional liabilities (success fees and AT E premiums) were subject to the “old” test under CPR 44.4 (2) as it then was or the new test under CPR 44.3 (2) and (5). Claimant Solicitors will be much relieved to find that the Court of Appeal’s view is that the old test applies and therefore success fees will have to be considered separately for the purposes of consideration of proportionality rather than being lumped in together with base costs and a view taken as against the whole of those

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