Herbert v H H Law Ltd: CA 3 Apr 2019

‘This appeal raises two principal issues of general importance in relation to a detailed assessment of solicitor and client costs pursuant to the Solicitors Act 1984 s.70 and CPR 46.9. The first issue concerns the proper meaning and application of CPR 46.9(3) as regards a success fee of 100% under a Conditional Fee Agreement (‘the CFA’), which has been fixed at that level without any regard to the risk of failure of the claim. The second issue is whether the cost of the premium for an After The Event (‘ATE’) insurance policy was properly to be treated as a solicitor’s disbursement or merely an entry in the client account.’

Judges:

Sir Terence Etherton MR

Citations:

[2019] EWCA Civ 527

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 14 June 2022; Ref: scu.635249