A CAP OF 25% ON COSTS TO BE DEDUCTED FROM DAMAGES GIVES RISE TO PRESUMPTION OF INFORMED CONSENT FROM CLIENT
The Law Society Gazette carries a report of the decision of Regional Costs Judge Rouine in Swann -v- Slater & Gordon. The judge decided that the existence of a cap on costs liability of 25% indicated that a claimant/client had informed consent in relation to a deduction from damages.
THE JUDGMENT ON THIS ISSUE
The claimants were former clients of the defendant solicitors. In each case costs had been deducted from damages. The claimants challenged that deduction claiming, among other things, that they had not given informed consent as to the deduction. The judge considered that argument and rejected it. Knowledge and agreement that there was a 25% cap indicated informed consent.