Personal Injury Litigation

In view of recent cases in which clients have attempted to renege on settlements of actions made on their behalf by Solicitors or Counsel, the Litigation Committee reminds solicitors of the need to ensure that there is clear evidence of the clients' authority to effect the settlement.

It is recommended that the authority should be in writing and signed by the client and should set out in detail the terms on which the action is being settled. In particular the amount of any deductions relating to the special damages or other outlay or solicitor and client costs from the gross amount of the settlement should be clearly set out. In relation to settlements which take place on the day of the projected hearing of the case it is suggested that solicitors might prepare a form of authority in advance, filling in the appropriate amounts once agreement has been reached with the client.