News In Focus
22 December 2008
Woman wins case against lawyer's fee terms
The Court of Session in Edinburgh has ruled in favour of a council worker who took her lawyer to court over unlawful fee charges.
Jacqueline Quinn, a home help who works for the City of Edinburgh Council, had signed a contract with English lawyer Stefan Cross, who is pursuing equal pay claims against many local authorities. to take on her own claim. When she decided not to continue winstructing him, he attempted to enforce a term that she had to pay him £500 for every six months that she was on his books, threatening legal action through the county court in England.
The contract also required that if her claim was successful she had to pay his full costs on top of the £500. If she accepted an offer to settle she had to pay 10% of her compensation.
Ms Quinn has now obtained an interdict in the Court of Session against Mr Cross enforcing the penalty clause, on the basis that it is unlawful and unenforceable in Scotland, where solicitors are unable to charge blanket fees irrespective of work done, or to take a percentage share of a client's winnings. Mr Cross did not defend the action.