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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
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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