header-logo header-logo

23 September 2009 / Dominic Regan
Categories: Legal News , Costs , Personal injury
printer mail-detail

Sometimes they come back

A little known Court of Appeal decision six years ago has come back to haunt personal injury practitioners.

In Voice and Script International Ltd v Alghafar [2003] All ER (D) 86 (May) the claimant sued for the value of goods lent to the defendant which were never returned. The goods were worth less than the £5,000 small claims limit which applies to non-injury claims. The action went to trial and the claimant won. For some unknown reason the case had not been allocated to the small claims track .The trial judge awarded costs since the case was outside the small claims regime. He was reversed on appeal; a small claim is a small claim even though not formally recognised or tracked as such. The concept of proportionality meant it was absurd to give costs which are not recoverable in small claims unless there is unreasonable conduct; CPR 27(14).

This principle has now been applied to a claim brought on behalf of a minor which settled for £250. No costs were recoverable held HH Judge Stewart QC in Coles v Keklik (unreported) on 30 June 2008 Liverpool County Court. He cited and applied the VOICE decision. Given the derisory settlement figure what could this be but a small claim?

In Aurangzeb v Walker [2008] EWHC 90134, Master Rogers decided on 22 January 2009 that no costs were recoverable after C accepted an offer in the sum of £500. The infant claimant was hurt in a taxi. The court approved the settlement as reasonable but denied costs to the claimant as a result of the reasoning in Coles.

As a final warning please note that the approval of an infant settlement by the Court does not preclude a later negligence action against lawyers for allegedly settling at an under-value; see Griffin v Kingsmill [2001] All ER (D) 66 (Jun). (Dominic Regan)
 

Categories: Legal News , Costs , Personal injury
printer mail-details

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll