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.

  • 15/12/2010

    James Pankhurst –v- Lee White & Motor Insurers Bureau [2010] EWCA Civ 1445

    C suffered catastrophic injuries on 7th June 2003 when struck by a vehicle driven by D1, an uninsured driver. After obtaining judgment on liability C entered into a CFA providing for a 22.5% success fee if the claim settled pre-trial and 100% if it concluded at trial. C made a […]

  • 23/11/2010

    Thaxton v Goodman (A Child) [2010] EWHC 90182 (Costs)

    This was an appeal regarding the recoverability of Counsel’s fees generally for attending infant approval hearings. The Claimant (now Respondent) had been injured in a road traffic accident. Damages were agreed in the sum of £1,000 and the matter proceeded to an Infant Approval Hearing. The Settlement was approved and […]

  • 04/11/2010

    Fortune v Roe [2010] EWHC 90180 (Costs)

    This was a matter where the remaining live issue was the level of the success fee due under the Claimant’s CFA. The Claimant was involved in a “head-on” car crash with a car being driven by the Defendant on 08/12/01 and she suffered catastrophic injuries. Initially, the claim was covered […]

  • 14/10/2010

    Stewart Robert Thornley –v- Ministry of Defence [2010] EWHC 2584 (QB)

    C was born prematurely and suffering from visual, behavioural and motor balance deficits after his mother was involved in a car accident in 1997. Proceedings were issued on 30th April 2003. Judgment on liability was entered on 9th October 2003 and judgment on causation on 29th April 2004. The case […]

  • 30/07/2010

    Connaughton v Imperial College Healthcare NHS Trust [2010] EWHC 90173 (Costs)

    The Claimant issued a PAD application on 29/05/09 and the hearing was listed on 14/08/09. The application was compromised on 12/08/09 except for the issue of costs. The Claimant was awarded costs in the sum of £2,206.41 on 23/12/09 and the matter was then transferred to the Senior Courts Costs […]

  • 13/07/2010

    (1) Mohammad Reza Ghadami (2) Jayne Ghadami –v- Lyon Cole Insurance Group Ltd [2010] EWCA Civ 767

    C’s claim against D was dismissed with an order that C pay D’s costs on the indemnity basis. C contended that D had professional indemnity insurance which covered the costs of proceedings save for an excess of £1,000.00. C argued that D’s costs were limited by operation of the indemnity […]

  • 25/06/2010

    Gibbon v Manchester City Council [2010] EWCA Civ 726

    This matter has clarified the use of Part 36 of the CPR which relates to the offer and acceptance of settlements under the CPR. The Claimant brought a claim against the Defendant as a result of an accident in December 2007. The Defendant made a Part 36 offer on 10/11/08 […]

  • 12/05/2010

    Kris Motor Spares Ltd v Fox Williams LLP [2010] EWHC 1008 (QB)

    The recoverability of ATE insurance premiums was the issue in this matter. The Defendant had acted for the Claimant in litigation under a CFA against a firm of stockbrokers. The Defendant raised its Bill and the Claimant considered it excessive. Detailed assessment was applied for by the Claimant. The determination […]

  • 10/05/2010

    Norma Corney -v- (1) Scotia Gas Networks Ltd (2) Southern Gas Networks PLC (3) Warner Holidays Ltd [2010] EWHC 90167 (Costs)

    Whether costs against D3 recoverable against D1 & D2 and whether common costs should be apportioned as to 2/3. C brought a claim under the Fatal Accidents Act 1976 following the death of her husband from mesothelioma. D1 & D2 paid the Claimant £141,979 to settle the claim.The Consent Order […]

  • 05/05/2010

    Robinson-Tait & Anor v Cataldo & Anor [2010] EWHC 90166 (Costs)

    C applied for relief from sanctions for failure to fully comply with the requirements of the Costs Practice Direction as to the giving of a Notice of Funding. C’s Solicitor had acted for them since the Summer of 2003 whilst at three different firms of Solicitors, under three different CFA’s. […]

  • 28/04/2010

    Floyd & Anor v Legal Services Commission [2010] EWHC 906 (QB)

    The Claimant sought possession for non-payment of rent and ultimately obtained a possession order. The tenant was granted legal aid so that he could appeal against the possession order, however, his appeal failed. A costs order was made in favour of the Claimant. The tenant’s public funding certificate was amended […]

  • 09/04/2010

    Haydon v Strudwick [2010] EWHC 90164 (Costs)

    Following a road traffic accident on 08/01/03 where the Claimant sustained very serious injuries, a bill in the sum of £890,048.58 was served on the Defendant. Within this sum, around £300,000 related to the uplift and £1,041.00 related to the insurance premium. In their Points of Dispute, the Defendant claimed […]

  • 30/03/2010

    Higgins v Ministry of Defence [2010] EWHC 654 (QB)

    Following a diagnosis of asbestosis and probable lung cancer by the Claimant’s consultant in December 2007, the Claimant’s daughter instructed London Solicitors on the suggestion of the consultant (the Claimant lived in Broadstairs, Kent). By this time the Claimant could hardly walk and his daughter had moved in to care […]

  • 09/02/2010

    O’Beirne v Hudson [2010] EWCA Civ 52

    The Claimant was injured in a minor RTA. Proceedings were issued and a disposal hearing date was fixed. However, the matter settled for £400 general damages and £719.06 for hire charges. The consent order provided for costs to be assessed on the standard basis. At assessment, the Defendant argued that […]

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