header-logo header-logo

13 May 2022 / Dominic Regan
Issue: 7978 / Categories: Opinion , Costs , Personal injury , Profession
printer mail-detail

The insider: 13 May 2022

81315
Dominic Regan gears up for the costs case of the year & considers the tip of an approaching iceberg of litigation against solicitors…

The costs case of the year returns to the Court of Appeal in July. Belsner v Cam was abandoned after a false, confusing start in February. The parties, with the Law Society intervening, have agreed a new list of issues. I am indebted to PJ Kirby QC who generously sent me a copy.

While the core of the case is about whether informed consent was given to authorise deductions from damages, the net has been thrown much wider. Does protocol activity, which is screamingly pre-action, somehow fall within the ambit of ‘proceedings in the county court’, and might it amount to ‘contentious business’?

What might render this the costs case of the century is a possible identification of any duties owed by a solicitor to their client when agreeing terms of remuneration. Up for grabs are contentions that such a duty might be fiduciary, contractual, regulatory or, most controversially, some inchoate common law obligation.

The same

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll