header-logo header-logo

19 April 2018
Issue: 7789 / Categories: Legal News , Personal injury
printer mail-detail

Equitable victory for claimant lawyers

Cumulative effect of insurer’s tactic could run to many millions of pounds

A personal injury law firm has won its case against an insurer which settled claims with clients behind its back, in a major victory for claimant lawyers.

The Supreme Court unanimously dismissed the appeal brought by the insurers, in Haven Insurance v Gavin Edmondson Solicitors [2018] UKSC 21. It upheld the Court of Appeal’s decision to allow the law firm’s claim for equitable interference against the insurer so that it could recover its costs under conditional fee agreements (CFAs).

The dispute stemmed from road traffic accidents involving six individuals insured by Haven. They entered into CFAs with Gavin Edmondson, which notified the claims via the online claims portal. Haven acknowledged the claims and then went direct to the individuals, offering to settle their claims faster and for a higher sum if they excluded their solicitors. All six individuals accepted the insurer’s offer and cancelled their CFAs. Gavin Edmondson then claimed against Haven for the fixed costs it might have recovered had the claims been settled in accordance with the pre-action protocol.

Although ‘modest sums’ were involved in each individual’s case, the court heard that the cumulative effect of Haven’s tactic could run to many millions of pounds.

The Supreme Court held that Gavin Edmondson are entitled to the enforcement of the traditional equitable lien against Haven, as the client owed a contractual duty to pay the solicitors’ charges. However, the Court said the equitable lien should not have been modernised in the manner undertaken by the Court of Appeal.

Delivering judgment, Lord Briggs said: ‘The careful balance of competing interests enshrined in the RTA Protocol assumes that a solicitor’s expectation of recovery of his charges from the defendant’s insurer is underpinned by the equitable lien, based as it is upon a sufficient responsibility of the client for those charges.

‘Were there no such responsibility, it is hard to see how the payment of charges to the solicitor, rather than to the client, would be justified. Furthermore, part of the balance struck by the RTA Protocol is its voluntary nature.’

Issue: 7789 / Categories: Legal News , Personal injury
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll