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The insider: 28 January 2022

28 January 2022 / Dominic Regan
Issue: 7964 / Categories: Opinion , Profession , Costs , Procedure & practice
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Dominic Regan delves into deductions from damages & namechecks some particularly special specialists

The Court of Appeal has allocated a day and a half in the last week of February to hear the appeal in Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB). The case revisits the issue of informed consent in the context of what a client will be liable to pay their own legal representative.

In Herbert v HH Law Ltd [2018] EWHC 580 (QB), the Court of Appeal held that a client merely agreeing to give up part of their damages to help fund the litigation was not good enough. Had she been given a clear explanation as to how that deduction was calculated, she would not have agreed to it. The absence of informed consent rendered the deduction excessive, and the client was to be reimbursed £349. One might sneer at such a trivial sum. The court ordered the solicitor to pay £30,000 on account of costs to those who had raised the

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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
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