The Solicitors Practice Rules have the effect of law, and it is still improper to agree to pursue contentious proceedings on a contingency fee arrangement without specific statutory sanction, especially in criminal proceedings. An agreement for payment of legal fees on a contingency basis in a quasi-criminal matter (nuisance summons) remained unlawful, and a successful party was not able to claim indemnity against such costs.
Judges:
Rose LJ, Mitchell J
Citations:
Gazette 18-Nov-1998, Times 09-Dec-1998, [1999] QB 1193, [1998] EWHC 343 (QB), [1999] 2 All ER 49, [1999] 2 WLR 1229, (1999) 31 HLR 779, [1999] Env LR 579
Links:
Statutes:
Environmental Protection Act 1990 79(1)(a) 82(12)
Jurisdiction:
England and Wales
Citing:
Distinguished – Thai Trading (a Firm) v Taylor and Taylor (of Taylors Solicitors, Caversham) CA 27-Feb-1998
A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded.
Held: This agreement did not offend public policy. This type of agreement was distinguished . .
Cited – Swain v The Law Society HL 1983
The Solicitors’ Practice Rules had the force of a statute, being rules made by the Council of the Law Society with parliamentary sanction for the protection of that section of the public who might be in need of legal advice, assistance or oversight. . .
Cited by:
Cited – Hollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
Cited – Sibthorpe and Morris v London Borough of Southwark CA 25-Jan-2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions
Updated: 02 September 2022; Ref: scu.145210