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14 April 2011 / Mark James
Issue: 7461 + 7462 / Categories: Features , Procedure & practice , Costs
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The end of champerty?

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

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
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