Swain v JC & A Ltd [2018] EWHC B3 (Costs) (31 January 2018)

Swain v JC & A Ltd [2018] EWHC B3 (Costs) (31 January 2018)

The court has jurisdiction and discretion under section 68(1) of the Solicitors Act 1974 and its inherent jurisdiction to order a solicitor to provide copies of documents to a former client, even absent proof of proprietary right, provided the client pays reasonable costs. In this case, the claimant reasonably requires the CFA schedules and client care documents to assess the fairness of deductions and potential grounds for assessment, and the order should be made.

Citation
[2018] EWHC B3 (Costs)
Parties
Claimant: Philip Swain; Defendant: J C & A Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2018
Procedural Posture
Application for Delivery Up of Documents (costs Proceedings) / Judgment on Application
Outcome
Application granted
Legal Topics
Delivery Up of Documents, Conditional Fee Agreements, Solicitors Act 1974, Client's Proprietary Rights, Pre Assessment Disclosure
Costs Law Solicitor Client Disputes Delivery Up of Documents Conditional Fee Agreements Solicitors Act 1974 Client's Proprietary Rights Pre Assessment Disclosure

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Parties

Philip Swain

Claimant

J C & A Limited

Defendant

Procedural Posture

Application for Delivery Up of Documents (costs Proceedings) / Judgment on Application

Legal Issues

  1. 1 Whether the court has jurisdiction to order delivery up or provision of copies of documents held by a solicitor to a former client absent proof of proprietary right
  2. 2 Whether the claimant is entitled to copies of the conditional fee agreement schedules and client care documentation
  3. 3 Whether the court's power under section 68 of the Solicitors Act 1974 extends to ordering provision of documents prior to assessment proceedings

Ratio Decidendi

The court has jurisdiction and discretion under section 68(1) of the Solicitors Act 1974 and its inherent jurisdiction to order a solicitor to provide copies of documents to a former client, even absent proof of proprietary right, provided the client pays reasonable costs. In this case, the claimant reasonably requires the CFA schedules and client care documents to assess the fairness of deductions and potential grounds for assessment, and the order should be made.

Court Disposition

Application granted

Orders

  • Defendant to provide copies of the schedules to the CFA and any other documents comprising the funding arrangement and client care pack to the claimant, subject to payment of reasonable copying costs by the claimant.