Overview
This webinar examines the regulatory framework and case law governing the deduction of legal costs from a client’s damages in personal injury claims. It provides a detailed analysis of when such deductions are permitted, the safeguards in place to protect clients, and the procedural steps practitioners must follow to ensure compliance.
The session considers the justification of success fees, the circumstances in which court approval is required, and the information that must be provided to clients. Drawing on key judgments, including decisions handed down in 2025, the webinar highlights areas that have proven particularly problematic and which have resulted in litigation and solicitor–own client disputes. It also looks closely at the Legal Ombudsman’s guidance on the Good Costs Service and the practical steps lawyers must take to comply.
Objectives
By the end of this webinar, participants will be able to:
- Understand when a deduction from a client’s damages may lawfully be made
- Identify the protections in place for clients in personal injury claims
- Recognise what information must be clearly explained to the client regarding costs and deductions
- Understand the steps required where court approval for a deduction is necessary
- Assess how a success fee can be properly justified and evidenced
- Identify common pitfalls and areas where problems frequently arise
- Learn from recent case law, including judgments from 2025, where deductions have been challenged
- Understand the Legal Ombudsman’s guidance on the Good Costs Service and how to comply with it in practice
- Reduce the risk of solicitor–own client disputes by adopting best practice throughout the life of the claim
Testimonials
"A really good and understandable presentation of an area that I have never fully grasped!”
Barrister
Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London
Gordon was called to the Bar in 1991 having originally qualified and practised as a solicitor. He practices from Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London. He works in the area of personal injury litigation and in the law relating to civil procedure, limitation and costs. He has a particular interest in issues relating to damages, evidence, costs and procedure.
Gordon is a former executive committee member of APIL and has lectured widely for APIL and CPIL on personal injury and procedure topics. Gordon is the author of Personal Injury Practice Notes (Cavendish); The APIL Guide to Fatal Accidents (now in its 4th edition); the 14th edition of Munkman and Exall on Damages for Personal Injury Death and Periodical Payments the New Law. He also wrote the section on limitation for the APIL loose-leaf and contributes two chapters to Munkman on Employer’s Liability... view full biography