- Assessment of solicitor’s bills—access to documents (Swain v J C & A)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Proprietary interest in the documents
- Implied waiver to the right to withold the CFA
- Case details
Dispute Resolution analysis: There have been a number of similar applications in the Senior Courts Costs Office (SCCO) whereby the claimant seeks an order for delivery up of documents in the possession of their former solicitors, to see whether the deduction made from a damages award pursuant to a conditional fee agreement (CFA) was fair and/or whether there were any grounds on which to seek an assessment of the solicitor’s bill under the Solicitors Act 1974 (SA 1974). In granting the application in this case, Master Brown took the opportunity to call for authoritative guidance on the issue of the court’s jurisdiction to make such orders.
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