header-logo header-logo

The end of champerty?

14 April 2011 / Mark James
Issue: 7461 + 7462 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Mark James considers where a recent Court of Appeal ruling leaves the doctrine of champerty

Can a solicitor provide his own client with an indemnity against the client’s contingent liability to pay the other side’s costs in contentious business or does such an indemnity render the entire retainer void for champerty? Cases at first instance (Dix v Townend [2008] EWHC 90117 and Lewis v Tenants Distribution Limited [2010] EWHC 90161 (Costs)) reached different conclusions. The issue reached the Court of Appeal in Morris v Southwark LBC [2011] EWCA Civ 25, [2011] All ER (D) 183 (Jan).

Morris was a landlord and tenant case against a social landlord for disrepair to the claimant’s home. The claim settled for £10,000 compensation plus an agreement by the council to carry out the necessary repairs and pay costs. There was a conditional fee agreement (CFA) (ie, a “no win no fee” agreement) with a 10% success fee and an indemnity-against-other-side’s costs (IAOSC). Legal aid is

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

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Cripps—Simon Main

Cripps—Simon Main

Firm strengthens residential property team with partner hire

Hugh James—Danielle Cahill

Hugh James—Danielle Cahill

Private wealth disputes team welcomes partner in London

NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
back-to-top-scroll