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17 May 2007
Issue: 7273 / Categories: Case law , Law reports
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COSTS—ORDER FOR COSTS—DISCRETION

Lamont v Burton [2007] EWCA Civ 429, [2007] All ER (D) 131 (May)

Court of Appeal, Civil Division
May, Dyson and Smith LJJ
9 May 2007

CPR Pt 44 cannot be invoked to circumvent, either directly or indirectly, the mandatory provisions of CPR Pt 45; the only circumstances in which the court may allow a success fee different from that prescribed by CPR 45.16 in relation to solicitors’ fees are those described in CPR 45.18.

Jeremy Morgan QC and William Poole (instructed by Cogent Solicitors, Birmingham) for the claimant. Greg Cox, solicitor advocate, of Colemans-ctts for the defendant.

The claimant was injured in a road traffic accident in September 2004. He instructed solicitors under a conditional fee agreement (CFA) and took out after the event insurance. The defendant admitted liability. Proceedings were issued in June 2005. No defence was filed. A payment was made under CPR Pt 36 in the sum of £1,800 in August 2005, but it was not accepted. A “disposal hearing” within the meaning of CPR 36 PD para 12.4 was conducted in September 2005 at which the

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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