header-logo header-logo

30 July 2015 / David Greene
Issue: 7663 / Categories: Opinion
printer mail-detail

​To Coventry & back—a damp squib?

Relief post-Coventry is tempered by injustice on other fronts, says David Greene

Whether you are happy or disappointed at the result in Coventry and Others v Lawrence and another [2015] UKSC 50, [2015] All ER (D) 234 (Jul) will depend on which side of the costs issue dealt with by the court you sit. I had rather mixed feelings. As a claimant lawyer I welcomed the finding but I felt disappointed that after all this time and angst the court said “no change”, notwithstanding that it was the Supreme Court that seemed to start this hare running. The judgment is fascinating reading but the whole process has been somewhat of a damp squib. Perhaps predictably so.

For the appellants it looked good. The European Court of Human Rights had already opined on the conditional fee agreement legislation under Art 10 (freedom of speech). Lord Neuberger seemed, inititally, to breathe life into the concept that recovery of success fees and after-the-event (ATE) insurance premiums may be an unreasonable fetter on access to the court and thus

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll