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Careful what you sign for

12 July 2018 / Dominic Regan
Issue: 7801 / Categories: Opinion , Costs
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Dominic Regan warns against hubris & the dangers of self-representation

Ms Jagrit Bamrah set up her own litigation practice on 3 July 2008. It is always a challenge to take the plunge and work for oneself. Where will the work come from? Fortuitously, exactly one week later she gained a client—herself.

While visiting a client she tripped over at premises owned by Gempride Limited. No bones were broken. Injury was soft tissue only. It is surprising that subsequently the claimant produced a schedule claiming £900,000, but we must consider that later.

Acting for oneself

The claimant was fortunate to have the luxury of before the event (BTE) insurance, which meant that she would have the benefit of free legal representation. However, she decided that she would act upon her own behalf. Her insurers indicated that their chosen solicitor, Irwin Mitchell, would act at a reasonable rate of £135 per hour. The claimant sought to persuade the insurer to instruct her, and at her rate which she put at £232.

Bizarrely, the claimant then purported to enter into a conditional fee agreement (CFA)

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