Case Law

Here we select and summarise key cases pertaining to Legal Costs which may prove to be a useful aid to negotiation. Please feel free to contact us to discuss any of the cases mentioned below in more detail and to see what impact they may have on you.

  • 20/12/2007

    Harris & Anor – v – Moat Housing Group-South Ltd [2007] EWHC 3092 (QB)

    The Claimants were represented by two firms of solicitors. When they were granted public funding, instructions were transferred to the second solicitors. Both solicitors agreed to submit separate Bills of Costs, but they failed to inform the Defendant’s solicitors of this. A Bill was served by the second solicitors which […]

  • 19/12/2007

    Crane – v – Canons Leisure Centre [2007] EWCA Civ 1352

    The Court of Appeal held that not only could external costs draftsmen’s fees be claimed as a proper profit costs item rather than a disbursement, a success fee could be claimed on these fees also (where the solicitor had entered into a CCFA/CFA). Lady Justice Hallett stated that the work […]

  • 19/12/2007

    Jones – v – Wrexham Borough Council [2007] EWCA Civ 1356

    The Court of Appeal held that the CFA in this matter was indeed a CFA Lite and so Regulation 3A of the CFA Regulations as amended would apply. It was found that the correct way to construe a CFA was to look at the whole package provided by the Solicitor, […]

  • 23/11/2007

    Mastercigars Direct Ltd – v – Withers LLP [2007] EWHC 2733 (Ch)

    This case was a solicitor own client matter relating to billing levels, brought by the client against Withers. In June 2007, it was the decision of the SCCO that Withers were bound by an original costs estimate to Trial, prepared in May 2005, on the basis of a 4 day […]

  • 19/10/2007

    Barlow – v – Perks [2007] EWHC 90087 (Costs)

    The Claimant was injured in a road traffic accident on 08/05/01 and instructed KSB Claims. The matter was conducted under a retainer dated 30/05/01 and the Claimant had the benefit of BTE Insurance with Motor Law while he was represented by KSB Claims. The matter was transferred to Irwin Mitchell […]

  • 17/08/2007

    Utting – v – McBain [2007] EWHC 90085 (Costs)

    The Claimant appealed against a decision to disallow all the costs claimed in a Bill due to the CFA failing to comply with Regulation 3(1)(b) of the CFA Regulations 2000 and therefore being unenforceable. The CFA failed to state the deferment element of the success fee. As in Garrett v […]

  • 04/07/2007

    David Truex, Solicitor (a firm) – v – Kitchin [2007] EWCA Civ 618

    The Appellant acted for the Respondent in family proceedings and at the outset, the Respondent informed the Appellant that she would have to borrow money from her parents to meet the costs. She also informed them that a company jointly owned by herself and her husband had dividends of £100,000 […]

  • 04/06/2007

    Lamont – v – Burton [2007] EWCA Civ 429

    This was a matter where the Claimant was injured on 10/09/04 in a road traffic accident and the claim was conducted under a CFA. Liability was admitted early and proceedings were issued on 10/06/05. On 16/08/05 a Part 36 payment in the sum of £1,800 was made. However, the payment […]

  • 09/05/2007

    Tribe – v – Southdown Gliding Club (1), Robert Adam (2) and the Estate of Ron King (3) [2007] EWHC 90080 (Costs)

    The Claimant suffered multiple injuries on 19/07/00 when the glider he was piloting, immediately after a winch launch, nose-dived to the ground. Following an investigation by the British Gliding Association into the cause of the accident, it was concluded that the automatic rear elevated control coupling had failed because it […]

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