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Since 2013, the number of solicitor-own client detailed assessments has significantly increased.

In particular challenges to deductions from damages to pay success fees in personal injury litigation seem very common.

In a recent case, District Judge Baldwin the regional costs judge in Liverpool, sitting in the High Court found that a solicitor had obtained informed consent from his client to charge a success fee and refused to reduce the success fee on assessment.

The client was ordered to pay the solicitor’s costs.

The case is interesting as it illustrates a number of the points which are commonly raised in these cases, including the application of the presumptions in part 46 CPR and the principle of informed consent.

A copy of the judgment can be found here: JB G80SE214.jmt

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