2009

The Claimant sustained severe head injuries in a road traffic accident on 22/04/01. The matter was funded under the TAG scheme and a CFA was entered into with the Claimant on 20/07/01. A 2nd CFA was entered into in August 2002following the Judgment in English v Clipston.

This was a matter where the Claimant had entered into 2 CFAs, in respect of a housing matter. The 2nd CFA had been taken out because there was concern that the Defendant would argue that the 1st CFA was unenforceable and to also claim a success fee, which had not been claimed in the 1st CFA.

This was a case regarding the detailed assessment of the Claimant’s after the event insurance premium, the costs of preparing the bill of costs and the success fee relating to the preparation of the bill.

The Claimant had issued an application for pre-action disclosure. The issue was whether the Claimant’s CFA allowed the recovery of pre-action disclosure application costs.

It was argued by the Defendant that there was no provision in the Claimant's CFA for the recovery of pre-action disclosure costs and in addition, it was argued that the application was a separate cause of action.

The Claimant argued that the documents applied for were specific to the claim and that the application was “so intrinsically linked to the main claim” that it was impossible to separate the two.

This was a matter where the most significant issue was whether costs should be assessed on the indemnity or standard basis. The other issues were related to the payment of interest and the making of an interim payment.

On 24/01/08, the Claimant made a Part 36 offer to the Defendant in the sum of £10,250,000. The period for acceptance expired on 14/02/08. However, the offer was not accepted by the Defendant and the matter proceeded to trial which was to take place in April 2009.

These were appeal matters concerning the issue of whether the costs for attending an inquest could be recovered in subsequent civil proceedings.

The claims arose out of deaths in custody. Successful civil proceedings were brought following the inquests by the Claimants’ representatives. Claims for costs were made and substantial proportions of the costs were attributable to Counsel and Solicitors attending the inquests.

This was a clinical negligence matter where the prospects of success were judged to be 50% at the time the risk assessment was made and with limited evidence available. Therefore, the success fee had been set at 100%. During the course of the claim, following investigations, the Defendant admitted liability, but not for the original grounds of the claim, as these had proved to be unfounded. The claim settled before trial.

This was an appeal matter against a Costs Order. Public funding had been obtained by the Appellant by 3 overlapping legal aid certificates. Several firms of solicitors had been instructed by the Appellant throughout the period of litigation. Her legal aid certificates were discharged at various times and then when she instructed new solicitors, the legal aid certificates we re-instated. When the Appellant did not have legal representation, she acted in person.

This was a matter where the Claimant had initially claimed damages of £180,000. On 01/09/06, prior to proceedings being issued, the Defendant made an offer of £4,700. The Claimant rejected this offer. At trial, the Claimant was awarded £4,143. The Defendant then made an application for costs from 21 days after the order to settle had been made.

This was a matter where the Claimant, during the course of proceedings, had discontinued claims against the Second and Third Defendants a year or more before the eventual final costs Order made by consent. The Claimant then attempted to recover costs against the Second and Third Defendants from the First Defendants.