In Sousa v London Borough of Waltham Forest (CC (Leeds) (John Behrens) 12/1/2010) the court found that an insurer, having brought a subrogated claim, was entitled to recover from the defendant a success fee paid under a Conditional Fee Agreement (CFA) as part of the insurer’s costs of the subrogated claim, in which the insurer had been successful. The court reaffirmed settled law and found that an insurer, when exercising rights of subrogation, is subrogated “to the advantage of every right of the insured“, including the right to recover a success fee paid under a CFA.