Swann v Slater & Gordon

District Judge Rouine sitting at the High Court in Birmingham in the case of Swann v Slater & Gordon, in distinguishing his ruling from that in the Belsner v CAM Legal Services judgment, ruled that the provision of a percentage cap which a solicitor can deduct from a client’s damages amounts to informed consent.  He also ruled that there could be no fiduciary duty during the process of negotiating a retainer.

District Judge Rouine stated:  “Being told that there is a cap, and what that cap might be, is more than sufficient information…for the purposes of obtaining informed consent from a client for deductions to be made from their award of damages.”  He went on to say that “The realistic and pragmatic approach…is for the client to be made aware of their potential maximum exposure to a deduction from damages.”

This is some more positive news for personal injury and clinical negligence solicitors.


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