“…Before Foster J and before us the solicitors relied upon the decision of this Court in Lexlaw Ltd v Zuberi (Bar Council Intervening) [2021] 1 WLR 2729, [2021] EWCA Civ 16, which was decided after the decision of Costs Judge Rowley in this case. The issue in Zuberi was stated with typical succinctness by Lewison LJ at [1]:…”
“…ents of this type that it was considered should be made lawful were agreements by claimants. Borrowing a phrase used by Lord Justice Lewison in Zuberi v Lexlaw [2021] EWCA Civ 16 at [26], the legislation created “islands of legality in a sea of illegality”, carefully balancing difficult and sensitive competing policy considerations.…”
“…e passage in his judgment in the first case concerning DBAs to reach this court: see Zuberi v Lexlaw Ltd and TheGeneral Council of the Bar of England and Wales [2021] EWCA Civ 16 at [30].…”