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.

  • 11/12/2008

    Tankard v John Fredricks Plastics Ltd [2008] EWCA Civ 1375

    This was a matter concerning Accident Line Protect membership. The Defendants argued that the Solicitors for the Claimant were in breach of Regulation 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 in that they failed to disclose to their Client that they had an ‘interest’ within the meaning of the […]

  • 09/12/2008

    Kutsi v North Middlesex University Hospital NHS Trust [2008] EWHC 90119 (Costs)

    This was a matter where the Claimant had failed to give the Defendant notification of an ATE insurance premium of £80,325. The claim was a medical negligence matter and on 28/11/07, settlement was agreed at £150,000, subject to the Court’s approval, plus the Claimant’s legal costs. The Court approved this […]

  • 03/09/2008

    Cuthbert v Gair & Anor (t/a The Bowes Manor Equestrian Centre) [2008] EWHC 90114 (Costs)

    This was a matter where the Claimant submitted that the costs of a loss adjuster, included in a Bill of Costs at Detailed Assessment as a disbursement, could not be recovered against a paying party. The loss adjuster had been instructed by the Defendants’ insurer prior to the instruction of […]

  • 05/08/2008

    Dadu Ltd v Barrowfen Properties Ltd [2008] EWHC 90110

    This matter was a preliminary issue in advance of a detailed assessment of a bill of costs to deal with whether the Claimant’s Solicitors were entitled to exclude from consideration by a Costs Judge a document in relation to negotiations for settlement when the underlying litigation was compromised on the […]

  • 28/07/2008

    Overton v Horder [2008] EWHC 90109 (Costs)

    This was a matter where the Defendant challenged the Claimant’s AAH CFA. Following an accident where the Defendant rode his motorcycle into the side of the Claimant’s car and the Claimant sustained injury, the Claimant was referred to her Solicitor by Accident Advice Helpline (AAH). An insurance premium was purchased […]

  • 24/07/2008

    Sidhu v Sandhu & Anor [2008] EWHC 90108 (Costs)

    This was a matter before Master Simons, dealing with the enforceability of the Defendant’s CFA following the setting aside of an Order made by a Deputy Costs Judge in which he held the CFA was unenforceable. It was submitted by the Claimant that the Defendant’s CFA did not comply with […]

  • 17/07/2008

    A v The Chief Constable of South Yorkshire Police [2008] EWHC 1658 (QB)

    The issue in this matter was whether it was reasonable for a client to instruct solicitors outside of the client’s local area. It was alleged by the Claimant that the police had unlawfully searched and detained him on 29/04/98. He was then prosecuted for affray, assault and criminal damage. However, […]

  • 19/05/2008

    Kilby v Gawith [2008] EWCA Civ 812

    The appeal concerned, under Section II of CPR Part 45, the interpretation of the fixed recoverable costs regime. The matter concerned an unlitigated RTA case where the total agreed damages were £3,068.84. The Claimant had entered into a CFA, with a fixed success fee of 12.5%, although he had the […]

  • 30/04/2008

    Forde v Birmingham City Council [2008] EWHC 90105

    This was a housing repair matter where the Claimant had entered into 2 CFAs, the 1st on 16/03/05 and the 2nd on 05/04/06. The Defendant submitted that neither CFA was enforceable in light of undue influence on the Claimant, the absence of consideration for the 2nd CFA and retrospectivity. It […]

  • 22/04/2008

    Carver v BAA Plc [2008] EWCA Civ 412

    The Claimant was an air hostess who suffered a personal injury at Gatwick Airport on 31/03/03. Liability was admitted on 24/07/03. On 17/11/05, the Defendant made an offer to settle in the sum of £4,006, to include a previous interim payment in the sum of £520. On 06/06/06 the Defendant […]

  • 17/04/2008

    Gower Chemicals Group Litigation v Gower Chemicals Ltd & Anor [2008] EWHC 735 (QB)

    This is a matter where the Claimant sought to recover the costs of privileged, undisclosed expert reports at detailed assessment. Costs Master Wright had ordered the Claimant to elect to either disclose the reports to the paying party or to decline disclosure and rely on other evidence, pursuant to PCD […]

  • 31/03/2008

    Holliday v E C Realisations Ltd [2008] EWHC 90103 (Costs)

    The matter concerned was a mesothelioma case which settled for £290,000 (including an interim payment of £40,000). Different hourly rates had been claimed by the Claimant’s solicitors at different periods. At detailed assessment, a Principal Costs Officer allowed composite rates which were higher than the figures suggested in the guideline […]

  • 18/03/2008

    Reynolds v Stone Rowe Brewer [2008] EWHC 497 (QB)

    This was a matter where the Claimant instructed her solicitors (Stone Rowe Brewer) with regards to a building dispute. Early on in the claim, the solicitors informed the Claimant that costs to trial were likely to be in the region of £10,000 – £18,000 plus VAT. The solicitors invoiced the […]

  • 14/03/2008

    Tandara v Weightmans Solicitors [2008] EWHC 90101 (Costs)

    The issue in this matter was whether the Claimant could obtain a refund of payments made to the Defendant solicitors under a CFA which, because of non-compliance with the CFA Regulations which related to it, was unenforceable. The client was the Claimant in a personal injury action and had instructed […]

  • 12/02/2008

    Bateman – v – Joyce [2008] EWHC 90100 (Costs)

    Following a road traffic accident on 07/02/04, the Claimant suffered minor injuries, however the Defendant was so badly hurt that his left arm was amputated above the elbow. Proceedings were commenced by the Claimant on 20/06/05 for damages for personal injuries, alleging that the Defendant had been negligent. The Defendant […]

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