The decision of Mr Justice Lavender in SGI Legal LLP v Karatysz  EWHC 1608 (QB) (11 June 2021) has been handed down today.
The matter concerned a Solicitors Act assessment in respect of the Defendant Solicitors’ deduction from the Claimant’s damages following a successful RTA claim. At the original hearing the District Judge found that informed consent was relevant for the purpose of CPR 46.9(3)(c)(ii) and that the solicitors’ costs should be limited to the costs recovered from the insurers.
The Defendant Solicitors were successful on appeal, Mr Justice Lavender held that “the issue under CPR 46.9(3)(c)(ii) is whether or not the solicitor told his client what is there set out. That issue concerns what the solicitor said, not whether the client agreed with or approved what the solicitor told him.”