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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