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12 July 2018 / Francis Kendall
Issue: 7801 / Categories: Features , Fees , Personal injury
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Risk versus reward

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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