||All England Reporter
|| All ER (D) 442 (Nov)
|| EWCA Civ 1739
||Court of Appeal, Civil Division
Lord Phillips MR, Mance and Latham LJJ
||David Holland (instructed by David Price & Co) for the claimant.
||Richard Wilson (instructed by Alastair Brett) for the defendant.
||28 November 2002
Solicitors - Costs - Maintenance and champerty - Mere fact of client's impecuniosity insufficient to establish maintenance of action by solicitor.
In a case where it was suggested that there was no true liability on a litigant to meet his solicitor's costs, the court was concerned with establishing the true nature of the contract entered into between the client and the solicitor. Whilst the client's impecuniosity might be relevant to determining the true nature of the agreement, the mere fact that the solicitor might have been conducting the action on credit or continuing an action in the knowledge of his client's lack of means did not justify a conclusion that he was unlawfully maintaining the action.
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