The High Court has ruled that oral evidence will be required before deciding whether a former client must pay €57,431.80 claimed by a solicitor who had acted for him on a “no win, no fee” basis.
David Synnott, practising as D. J. Synnott Solicitors, represented Prince Adekoya in personal injuries proceedings against IBM International Irish Holdings Limited. The firm took over the case in 2004 from Gary Matthews solicitors, with the file transferred on a no-win-no-fee basis.
The personal injuries case came before the High Court in April 2008. It was adjourned on May 1 after further discovery was considered necessary. Synnott maintains that Adekoya agreed to that adjournment. Adekoya disputes this and subsequently complained about the delay.
Adekoya discharged Synnott in October 2008. The firm later presented a bill for €57,431.80 covering professional services up to that point. Adekoya denied owing the money and maintained that his liability for legal costs depended on succeeding in the underlying action.
Ms Justice Laffoy said the central issue was whether Adekoya had terminated the retainer without proper grounds. Under earlier case law, a client who unjustifiably ends a no-win-no-fee arrangement before the litigation concludes may become liable for reasonable remuneration for work already performed.
However, the judge said the dispute over the May 2008 adjournment could not fairly be resolved on conflicting affidavits. She directed that oral evidence be heard, potentially including evidence from the solicitor who handled the case or senior counsel who appeared that day, with Adekoya entitled to cross-examine them and give evidence himself.
The court also held that any reasonable remuneration due should be assessed by the Taxing Master. It left open whether that taxation should be on a solicitor-and-client basis or the narrower party-and-party basis, and said further submissions would be heard on that issue.