Lewis v Tennants Distribution Ltd [2010] EWHC 90161 (Costs) (23 February 2010)

Lewis v Tennants Distribution Ltd [2010] EWHC 90161 (Costs) (23 February 2010)

The solicitor's agreement to shoulder the risk of adverse costs orders under a conditional fee agreement does not amount to unlawful maintenance or champerty, nor does it breach the Solicitors Practice Rules or public policy, as there is no wanton or officious intermeddling or improper financial interest threatening the integrity of the solicitor.

Citation
[2010] EWHC 90161 (Costs)
Parties
Claimant: Murray Lewis; Defendant: Tennants Distribution Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2010
Procedural Posture
Costs Assessment / Ruling on Preliminary Issue
Outcome
Preliminary issue decided in favour of the Claimant; solicitor's retainer not unenforceable for maintenance or champerty.
Legal Topics
Conditional Fee Agreements, Maintenance and Champerty, Solicitors' Retainer, Public Policy
Civil Procedure Legal Costs Conditional Fee Agreements Maintenance and Champerty Solicitors' Retainer Public Policy

Case Brief

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Parties

Murray Lewis

Claimant

Tennants Distribution Limited

Defendant

Procedural Posture

Costs Assessment / Ruling on Preliminary Issue

Legal Issues

  1. 1 Whether the Claimant's solicitor's retainer is unenforceable for illegality at common law due to maintenance or champerty
  2. 2 Whether the Claimant's solicitor's retainer is illegal as constituting unlawful insurance contrary to the Financial Services and Markets Act 2000

Ratio Decidendi

The solicitor's agreement to shoulder the risk of adverse costs orders under a conditional fee agreement does not amount to unlawful maintenance or champerty, nor does it breach the Solicitors Practice Rules or public policy, as there is no wanton or officious intermeddling or improper financial interest threatening the integrity of the solicitor.

Court Disposition

Preliminary issue decided in favour of the Claimant; solicitor's retainer not unenforceable for maintenance or champerty.

Orders

  • Further hearing to be listed to address the second preliminary issue and submissions on costs, permission to appeal, or time for appealing.