Clarke and others v Thompson

Solicitor – Payment of costs by solicitor personally. The claimants instructed solicitors to bring claims following a vehicle collision with the defendant. They were subsequently advised that there was no reasonable possibility of success and of their liability for costs. The Liverpool County Court considered making a wasted costs order. It held that the retainer letter had been such as to induce potential claimants to sign up in the belief that they would have no liability for costs, which had involved impropriety and had caused the claimants to incur unnecessary costs. Accordingly, the solicitors would be responsible for 50% of the defendant's costs.

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