0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Toyota Financial Services (UK) Plc v Sharma

25 September 2002
The issues

Costs – proportionality

The facts

The Defendant was a Director of Bridge House Motors Limited which held a dealership from the Claimants. They received financial assistance from the Claimant and the Defendant and his wife entered into guarantees. They defaulted and the Claimant sued on the guarantee. The Claimants obtained a Summary Judgment before the Master. As against the husband, the claim was £353,000.00 and the costs £147,500.00. As against the wife, the claim was £71,500.00 and the costs £121,857.00.

The proceedings took less than a year.

Before the Master on the Summary Judgment Application were 3 lever arch files of documents. Essentially, the Master on the Summary Judgment Application took the view that the Defendant was taking technical points.

The Defendant argued that the costs were disproportionate. The Claimant instructed Mr Graham, a Senior Partner, who had run the case with assistance from no less than 15 other Fee Earners, although never all 15 at the same time.

The decision

1. The way in which this case had been conducted was similar to “using a sledge hammer to crack a nut”.

2. The Claimant’s Solicitors had “carried out a deluxe job”.

3. The costs were disproportionate in accordance with the decision in Lownds -v- The Home Office. The costs payable by the First Defendant would be reduced to £58,304.00 and against the Second Defendant £39,867.00.

4. In view of the substantially reduced sums allowed, the Claimants would be allowed only one half of their costs of the Detailed Assessment.

training and events

4Feb

Insurer Insight event London office

Developed for insurers, this exclusive series of events will provide you with operational and practical insights from across the legal spectrum.

View event

focus on...

Legal updates

Insurance Product Value and the duty to act in the best interests of customers: risks from intermediary remuneration

On 19 November 2019, the Financial Conduct Authority (“FCA”) published “Finalised guidance” (FG19/5) for “insurance product manufacturers and distributors”.

View

Legal updates

Financial Services – ‘Duty of Care’ Bill: consumer protection or damp squib?

The Financial Services Duty of Care Bill (the “Bill”) was introduced into the House of Lords in October 2019 and had its second reading on 9 January 2020.

View

Legal updates

Noise-induced hearing loss claims – documentation and the expert engineer

Guest writer, Finch Consulting Senior Consultant Teli Chinelis applies his expertise in preparing engineering reports in relation to noise-induced hearing loss (NIHL) claims to explain information that is required from the claimant and information that is required and is advisable to be retained by employers, in order to ensure that claims can be fairly represented.

View

Legal updates

SRA Standards and Regulations November 2019

On Monday 25 November the 2011 SRA Handbook is replaced by the 2019 SRA Standards and Regulations (often referred to as STARS).This is the 26th version of the Code of Conduct for Solicitors.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up