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Section 68 and PIAB
Section 68 of the Solicitors (Amendment) Act 1994 imposes various obligations on solicitors in relation to charges to clients. Certain of these obligations contain specific provisions in relation to “contentious business” – most notably the prohibition on so-called percentage charging contained in section 68(2).
The question has arisen as to whether the representation of a client making an application to the Personal Injuries Assessment Board (PIAB) is contentious business for the purposes of section 68.
The Law Society has received legal advice that applications to PIAB do fall within the definition of contentious business under section 68.
The legal advice referred to the High Court judgment in the case of O’Brien v Personal Injury Assessment Board and the effect of the observation of Mr Justice McMenamin in that case that the assessment by a statutory body for compensation in respect of personal injuries comes within the category of proceedings in which the right to retain legal representation in the context of various contentious matters has been recognised.
Accordingly, the Society is satisfied that the representation of a client making an application to PIAB is contentious business for the purposes of section 68 and that, in particular, percentage charging in such cases is prohibited.
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