The Court of Appeal today, very unusually, allowed an appeal by consent on the papers and without hearing oral argument.
The appeal was against Mr Justice Eyre’s decision (and the decision of the District Judge at first instance) that a personal injury claimant who had accepted a Defendant’s offer, in circumstances where he was told by his solicitors that the damages he received would be subject to a deduction for the solicitor’s costs, was thereby prevented from seeking a Solicitors Act 1974 assessment of his solicitors’ costs.
Mr Holcroft was granted permission for a second appeal by the Court of Appeal.
The Court of Appeal, Lewison, Elisabeth Laing and Zacaroli LJJs, noting the Supreme Court’s decision in Menzies v Oakwood Solicitors Limited [2024] UKSC 34 which postdated Eyre J’s judgment, has now allowed the appeal and set aside the orders below, with the Respondent solicitor paying costs.
Whilst there is no detailed judgment from the Court of Appeal analysing the legal arguments, this does mean that the decision of Eyre J, which potentially limited client’s rights to assessment of their solicitor’s costs, no longer stands.
Roger Mallalieu KC acted for the successful appellant on the second appeal.
