Stephen Turner v Coupland Cavendish Limited

Facts

In August 2019 Mr Turner instructed the appellant solicitors, Coupland Cavendish Limited, trading as Gowing Law (the Solicitors), under a conditional fee agreement. They acted in his personal injury claim arising from a road traffic accident, and they bought after the event (ATE) insurance for him at a premium of £245. In around October 2020 the claim settled for £3,000 in damages. On 11 March 2022 the Solicitors delivered a statutory bill claiming profit costs of £7,944 inclusive of VAT and a success fee of £750. The success fee was paid to an associated company registered in Gibraltar. Mr Turner, acting through new solicitors, issued a Part 8 claim under CPR 67.3 seeking an assessment of the bill under section 70(1) of the Solicitors Act 1974, limited to the profit costs and the success fee. His solicitors then served a Request for Further Information said to be made under CPR Part 18. One of its 18 questions asked whether the Solicitors had received any commission or other payment from the ATE insurer, and the Request claimed that the cash account was in dispute. The Solicitors refused to answer, calling the Request a fishing expedition. Costs Judge Rowley refused to order answers. He noted that there was no evidence of any commission and that the Request itself had not been put before him. On appeal, Mr Justice Sweeting reversed that decision and ordered the Request to be answered in full. Lewison LJ gave the Solicitors permission for a second appeal.