Lyons v Fox Williams LLP [2018] EWCA Civ 2347 The recent case of Lyons v Fox Williams LLP [2018] EWCA Civ 2347 involved consideration of the scope of the Solicitor’s retainer and is subsequently of importance to Solicitors and well worth considering. The case concerned a Claimant’s Appeal following an unsuccessful action for professional negligence…
Slade (t/a Richard Slade And Co) v Abbhi [2018] EWHC 2039 (Comm) Following a three-day Trial, the High Court found in favour of a Solicitor in respect of the terms of an oral agreement. With the benefit of hindsight, the Solicitor might have preferred to have put the agreement in writing. Background of…
Worley –v- Persimmon Homes (West Yorkshire) The Claimant had tripped and fell due to a protective nosing on a flight of stairs becoming partially detached, which presented a hazard. In pursing the claim against the Defendant, the Claimant had entered into a CFA dated 21 June 2012, backed by a Temple Legal Protection ATE Insurance…
AR v Barts Health NHS Trust, Claim Number HQ14X01928 The ability to recoup ATE premiums from paying parties in litigation on the whole ended with effect from the 1st April 2013 in relation to policies incepted on or after that date. The Recovery of ATE Premiums in Clinical Negligence Proceedings (no. 2) Regulations 2013 (the…
Bank St Petersburg PJSC & Anor v Arkhangelsky & Ors [2018] EWHC 2817 (Ch) This case concerns itself with the costs awarded following a lengthy, 6 month Trial concerning the Claimant’s claim on guarantees and the Defendant’s Counter Claim. The Claimant was successful in the main action, with the Counter Claim being dismissed in…
The recent case of Allen v Brethertons LLP provided several points of interest in relation to client challenges to Bills which practitioners need to be aware of. The rise in Solicitor own Client disputes has been unprecedented and the case re-affirmed a number of points. Firstly, the case confirmed that a bill must be delivered…
The post LASPO era has not exactly been the ‘golden years’ for personal injury lawyers. Among the main changes was in relation to success fees. Success fees that were awarded to solicitors upon entering into a CFA would now no longer be recoverable from the paying party and instead would be payable by the Claimant.…
In the recent case of Imansouren v Ocado Central Services Limited, the Claimant’s conduct resulted in his stage 3 ATE premium of £94,000 being assessed at Nil. The issue arose from a personal injury claim brought by the Claimant against the Defendant, his employers, following an accident in July 2012. As such the relevant rules…
In the recent case of Yirenki v Ministry of Defence [2018] 11 WLUK 53 the Claimant Appealed against a Costs Management Order of Master Davison and succeeded. The Facts: Following a Costs Case Management Conference, Master Davison made an Order approving the Claimant’s Costs Budget in the total sum of £206,670.00, and the Defendant’s…
In the recent case of Hosking & Anor v Apax Partners LLP & Ors [2018] EWHC 2732 (Ch) (18 October 2018) Mr Justice Hildyard has reaffirmed the position for an award of Indemnity Costs for the discontinuance of a claim should the circumstances fall outside of the norm. The Applicants were liquidators seeking to impugn…