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28 January 2022 / Dominic Regan
Issue: 7964 / Categories: Opinion , Profession , Costs , Procedure & practice
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The insider: 28 January 2022

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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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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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