header-logo header-logo

12 July 2018 / Francis Kendall
Issue: 7801 / Categories: Features , Fees , Personal injury
printer mail-detail

Risk versus reward

845452240_0

What has Herbert taught us about setting success fees & implied or informed consent? Francis Kendall explains

  • The judgment in Herbert v HH Law confirms that risk assessments are necessary when establishing the success fee.
  • Clients’ approval of the type or amount of costs incurred requires their informed consent.

A recent High Court ruling has shown that solicitors still need to undertake individual risk assessments before setting the success fee in minor road traffic accident cases (RTA), and also obtain their clients’ ‘informed consent’ to the figure.

Market norm

In Herbert v HH Law Ltd [2018] EWHC 580 (QB), [2018] All ER (D) 168 (Mar), claimant Nicky Herbert was advised by her solicitors, Hampson Hughes (HH), to accept an offer of £3,400 for a rear-end shunt by a bus, of which £829 would be deducted as the firm’s success fee (25% of damages) and £349 for after-the-event (ATE) insurance. She accepted the offer but subsequently instructed JG Solicitors, which has been much in the news of late for its work challenging deductions from

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll