An accident victim has a right to have his solicitors’ bill assessed because he never agreed to the specific amount of deduction, the Supreme Court has unanimously ruled
Dean Menzies was awarded £275,000 in damages in 2019. His lawyers Oakwood Solicitors, acting on a conditional fee basis, deducted a percentage for fees and charges, claiming Menzies agreed to these in advance via his contract for legal services. Menzies disagreed.
Ruling in Oakwood Solicitors Ltd v Menzies [2024] UKSC 34 last week, Lord Hamblen said: ‘The client needs to have been informed of and have provided agreement to the amount in respect of which the solicitor intends to take payment pursuant to their bill.’
James Green, managing director of JG Solicitors Ltd, which represented Menzies in the case, said: ‘This is a victory for consumer rights.’
Jack Ridgway, Chair of the Association of Costs Lawyers, said: ‘Many law firms will now need to revise their retainers to ensure they still receive prompt payment while complying with the ruling.’
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