The Accident Group operated a system whereby they introduced potential claimants to personal injury lawyers, arranging costs insurance for them. They appealed a finding that the payment was made in breach of the 1990 code, and was not recoverable.
Held: The appeal was dismissed. The company making the risk assessment operated as agent of the solicitor, but the obligation to pay arose before a solicitor-client relationship was created. It was therefore a referral fee, and irrecoverable.
Judges:
Lord Justice Buxton Lord Justice Kennedy Lord Justice May
Citations:
[2004] EWCA Civ 575, Gazette 10-Jun-2004
Links:
Statutes:
Access to Justice Act 1999 29, Solicitors Introduction and Referral Code 1990
Jurisdiction:
England and Wales
Citing:
See Also – Sharratt v London Central Bus Co and Other Cases SCCO 27-Nov-2002
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Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions
Updated: 10 June 2022; Ref: scu.197056