*Herbert v HH Law Ltd

Costs – Conditional fee agreement. The judge had not been wrong in law by misconstruing and misapplying the presumptions in CPR 46.9(3) or in his construction and application of CPR 46.9(4), in particular as permitting the court to reduce an agreed success fee on a solicitor and client basis by the court's own assessment of the degree of risk present. However, the Court of Appeal, Civil Division, partially allowed the firm's appeal, as the judge had been wrong in law in characterising an after the event insurance premium as a solicitor's disbursement liable to assessment under s 70 of the Solicitors Act 1974.

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