You are here

Filter content

Bloomsburry Family law


Halloran v Delaney [2002] EWCA Civ 1258

Costs - Personal injury - Civil Procedure - Conditional fee agreement (CFA) - Claimant’s personal injury claim after road traffic accident settled for £1,500 and costs without issue of proceedings - Costs only proceedings issued to determine amount of costs - Law Society model CFA covered costs only proceedings within claim - In simple claims which settled without need for proceedings maximum percentage uplift as success fee should ordinarily be only 5 per cent of the claimant’s lawyer’s costs (including costs of any costs only proceedings) - CPR r 44.12A

Wright v Law Society

Solicitors — Human Rights — Law Society resolved to intervene in solicitors’ practice — Applicant partners obtained interim relief restraining intervention on without notice application — Court refused to continue interim relief — Court had no power to devise less draconian intervention regime — Law Society had good grounds for suspecting dishonesty — Intervention did not contravene human rights since Law Society acted in the public interest and subject to conditions provided for by law — Solicitors Act 1974 sched 1 — European Convention on Human Rights First Protocol Art 1

A v Bottrill [2002] UKPC 44

Negligence - Personal Injury - Remedies - Damages - New Zealand - Exemplary damages - Under common law of New Zealand court’s jurisdiction to award exemplary damages in negligence cases not confined to cases where defendant intended to cause harm or was consciously reckless as to risks involved - Test for exemplary damages was outrageous conduct by wrongdoer - Claimant entitled to new trial on basis of new evidence of gross negligence by defendant

Long Eaton Plant Hire Ltd v Nelsons (a firm)

Costs - Solicitors - Solicitors estimated costs of county court action at £6,000 - Claimant obtained judgment for £1,800 and summarily assessed costs of £5,500 - Solicitors claimed costs of over £20,000 - Estimate could and should have been revised and solicitors would be held to estimate plus 15% - Duty to inform client if costs ‘running away’