Right Question, Wrong Forum: Clients Chasing Secret ATE Commissions Must Seek An Account

The decision in Turner v Coupland [2026] EWCA Civ 1204 is an important one, not just because it restricts what can be dealt with on a solicitor and client assessment under the Solicitors Act 1974 but also shows that the issues surrounding secret commissions within after the event insurance policies are not going away.

The claimant in this case was the former client of the solicitor, Coupland Cavendish Limited, trading as Gowing Law. The solicitors represented Mr. Turner in a low value road traffic claim, which settled pre-proceedings for £3,000. An ATE policy was purchased by Mr. Turner via Gowing Law which provided some insurance against the risk of paying the other side’s costs.

Upon settlement, the solicitors delivered a bill totalling £7,944, which as the court noted was “more than twice the damages recovered, and almost four times the amount of costs recovered under the settlement” [§14]. Mr. Turner issued a Solicitors’ Act application for an assessment of the profit costs