The High Court (King’s Bench Division) has dismissed an appeal brought by Simon Frain and Mark McKinnon in the contested probate litigation concerning the £100 million estate of the late Kevin Patrick Reeves.
The appeal challenged Costs Judge Brown’s January 2025 ruling that the Damages-Based Agreements (DBAs) used by the appellants’ solicitors were unenforceable. Mr Justice Dexter Dias upheld that ruling, finding that the DBAs failed to comply with the statutory framework and were therefore unlawful and incapable of supporting recovery of costs.
As a result, the appellants’ solicitors are unable to recover their claimed fees, which were estimated at more than £1.6 million, from Ms Reeves.
Robert Marven KC from 4 New Square Chambers was instructed as counsel.
Ms Louise Reeves commented:
“I am absolutely thrilled with this win and deeply grateful to Stokoe Partnership and Robert Marvin KC for their tireless work on my case.
This case highlights an important principle as rightly pointed out by Judge Dias, that payment arrangements must be fair, proportionate, and protected against abuse or exploitation.
Solicitors should not be allowed to have too much skin in the game.”
Stokoe Partnership Solicitors commented:
“We are delighted to have secured a positive outcome for our client. This judgment provides much-needed clarity on the operation of Damages-Based Agreements. The Court has confirmed that such agreements must strictly comply with the statutory framework if they are to be enforceable. The decision has important implications for the wider use of DBAs in complex litigation.”
This judgment is expected to have wide-ranging consequences for costs recovery and the use of DBAs in litigation.
The judgment was covered by The Times and The Law Society Gazette, 25 September 2025, and Today’s Wills And Probate, 29 September 2025.
A link to the High Court’s judgment can be found here.
