CANDEY takes Lawyers’ Rights Case to the Supreme Court
CANDEY continues to fight for lawyers’ right in a case relating to whether solicitors should be permitted to take assignments of actions from their clients, subject to sharing the proceeds of the litigation in accordance with a pre-existing Damages Based Agreement.
CANDEY’s appeal before Lady Justice Simler, Lord Justice Arnold and Lord Justice Philips was dismissed. The Court of Appeal said its hands were tied by precedent which pre-dates Damages Based Agreements. Our view remains that if an assignment to a lawyer is champertous, it serves only to dissuade lawyers from acting for meritorious parties who are short of cash. We believe that society must ensure access to justice to all, and in the absence of state funding market principles must be in play. For a lawyer to spend its own money on a contingency but be denied their commercial rights is akin to asking a bank to lend money without taking any security. It’s simply unreal and uncommercial.
We continue to fight for lawyers’ rights to change and clarify the law and we are appealing to the Supreme Court.
