The court has determined 22 preliminary issues on costs in the Probo Koala Ivory Coast pollution case. The recoverable success fees in all CFAs were reduced from 100 per cent to 58 per cent, despite the fact that 100 per cent was an accurate assessment of risk at the outset, because staged success fees should have been employed. A similar argument concerning the £9 million ATE premium is still to be decided (Motto v Trafigura Ltd www.bailii.org/ew/cases/EWHC/Costs/2011/90201.html).