Marek has suffered from a severe nut allergy all his life. His family never ordered takeaway food just in case it contained nuts. This changed during the lockdown in April and May of 2020. Marek’s family decided to order food from a local takeaway. On the phone, they clearly informed the restaurant of Marek’s allergies and they were assured that the food would be safe and nut-free.

Two bites in, Marek began to feel a sensation in his throat and tongue. He began to swell up and lose his breath. His parents quickly took him to a nearby hospital as it was only 5 minutes away from where they lived. Marek had an intense allergic reaction to the ordered food and had to be detained in the hospital, on a respirator, for a day.

Marek’s parents called the restaurant and were told by a chef that the recipe has recently changed and what Marek ordered contained nuts. After coming to us, we opened a case for compensation against the restaurant.

Marek was afraid that the solicitor’s fees would be excessive and would take up the majority of his compensation. We met up with Marek before starting the case and explained exactly how much he would be charged and provided him with an estimate of how much he could expect to be awarded for his injuries. After our meeting we confirmed the fees in writing and gave this to Marek. Before any work began, Marek was fully informed as to how much he would be charged.

Marek’s case settled out of court for €15,000. Marek was very happy with the settlement.

The above story is true. However, the names of the people involved and the locations have been changed to protect their privacy.

In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage of proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any changes or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.

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