Costs Advice And Litigation

The firm has considerable experience in costs litigation and is often called to advise clients who have instructed other solicitors as well as other solicitors seeking our specialist advice.

Cases of interest include:

Awwad -v- Geraghty [2000] 1 All E R 608
In this action the Court of Appeal held that it was against public policy for a solicitor to act on a conditional fee basis save in circumstances sanctioned by statute. Carter-Ruck acted for the successful party, Mr Awwad, a consultant plastic surgeon, whose former solicitor had acted unlawfully.

Rashid Ghannouchi -v- Houni Limited and Others 4/3/04
In this case the Court held that the Law Society model conditional fee agreement did not comply with the regulations but that the failure to comply was not fatal to the conditional fee agreement because there was no materially adverse effect upon the protection afforded to the client or upon the proper administration of justice. Carter-Ruck acted for the successful claimant in this case.

Rahamim -v- ITN, and
Walker -v- Newcastle Chronicle
These are two of the leading cases on success fees in libel actions in which Carter-Ruck acted for the successful claimants.

Musa King -v- The Sunday Telegraph
In this case the Telegraph challenged the use of conditional fees in libel actions but abandoned their contention that the claimant should be deprived of legal advice under a conditional fee agreement.

The Court of Appeal dismissed the newspaper's appeal and provided guidance for the conduct of defamation cases and in particular those brought without the benefit of After the Event Insurance.