Supreme Court clarify the rules regarding solicitors equitable lien
Have you got a question?
The UK Supreme Court has clarified the rules that apply at when a Defendant pays a Claimant directly, and the Claimant’s solicitor loses out on fees as a result. This is a complex area of law with a long history, and is a minefield for large customer-facing businesses that must handle a large volume of pre-court consumer claims.
Trying to resolve pre-court matters directly with the customer makes commercial sense, but without well-prepared terms and conditions it could now prove painfully costly, as the Supreme Court has made it easier for solicitors to claim their fees back from the business.
Oracle acted for Ryanair throughout the case, from the High Court Stage, through the Court of Appeal and the UK Supreme Court, and was instrumental in securing the Court of Appeal’s earlier ruling – left in place by the Supreme Court – that Ryanair’s terms and conditions are fair and enforceable. Oracle also secured a ruling allowing Ryanair to continue to contact its customers directly even once they have engaged a claims management company to handle their compensation claim. The UK Supreme Court overturned only one ruling in Ryanair’s favour, which concerned Ryanair’s liability to claims managers prior to the change in its terms and conditions in 2016.
Airlines or other businesses that wish to protect themselves against solicitors’ fee claims are welcome to get in touch with our expert lawyers for a free no-obligation discussion on the issue.
Harry Snook leads Oracle’s Aviation teams across multiple jurisdictions, ensuring that each of Oracle’s airline clients benefits from a consistently excellent legal service that is...
-
Aviation House, 125 Kingsway
London WC2B NH
United Kingdom
- (+44) 020-3051-5060
Book a call back
Share this article
Got a question?
Please complete this form to send an enquiry. Your message will be sent to one member of our team.
Related posts


A continuing state of limbo for long leaseholders: What to expect from the Upcoming Leasehold and Freehold Reform Act 2024
As mentioned in the King’s Speech this year, the legislation regarding leaseholds remains in a state of imminent change. While some aspects of


Regulating Cryptocurrencies: opportunities and Challenges for Investors
Introduction The rapid evolution of cryptocurrencies has transformed them from niche financial instruments into a significant asset class. This development brings new opportunities


The Criminal Legal Aid Crisis and Northern Ireland
Legal aid was introduced in 1949, a pillar of the then Labour Government’s welfare state. The UK was slightly late to the party.


Starting a Sole Proprietorship in Albania: A Guide for Digital Nomads & Foreign Expats
Albania is fast becoming a top destination for digital nomads and foreign expats due to its low cost of living, scenic landscapes, and