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Dominic,

I think the question is really what is the client likely to gain and can this be considered 'a success' within the meaning of Part 24 and the proportionality scope of the overriding objective.

If to obtain a 'win' of say £100 the client would have to have the bill reduced by 80% or if the deduction was based on a success fee have the retainer deemed to have no effect my view is that it is reasonable to propose that the claim has no reasonable prospects of success.

These are speculative claims that expose the clients to significant adverse costs and they should not be proceeding in litigation where the client has a well known and free (to them) costs of resolving any genuine dispute as to a deduction from damages.

Remember litigation should be the last option not the first resort.