30 April 2009
Forde v Birmingham City Council [2009] EWHC 12, [2009] All ER (D) 64 (Jan)
Where a retrospective success fee, or its amount, is unreasonable (either as between the parties or as between solicitor and client), the court can disallow or reduce any retrospective fees that are unreasonable. Even if a retrospective success fee is contrary to public policy, the court can simply delete the success fee provision, leaving the obligation to pay the basic charges unaffected.
