Firth v Wowk

The appeal concerned an order made against a solicitor, Mr Firth, requiring him to indemnify the defendants in respect of costs payable by another party. The dispute arose from the application of section 348(1)(b) of the *Legal Profession Act*, which authorises orders against a solicitor who provides legal services without reasonable prospects of success.

The central legal issue before the Court of Appeal was whether section 348(1)(b) of the *Legal Profession Act* authorised an order that a solicitor indemnify a party for costs payable by a *third party* to that party, rather than costs payable by that party directly.

The Court of Appeal held that section 348(1)(b) did not extend to authorising an indemnity for costs payable by a third party. The provision was interpreted as applying only to costs payable by the party to whom the solicitor provided services. Consequently, the order made on 19 April 2007, requiring Mr Firth to indemnify the defendants in respect of costs payable by another party, was not authorised by the Act.

The appeal was allowed, and the order made on 19 April 2007 was set aside. The question of costs below and on appeal was reserved.