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Wilkins v Plymouth Community Services NHS Trust, County Court, 3 October 2002

3 October 2002
The issues

Costs – relief from sanctions – failure to serve Notice of Funding.

The facts

The Claimant’s Solicitors commenced an action for personal injuries. At no time prior to service of proceedings did they inform the NHSLA that the matter was subject to funding by means of a CFA Agreement. No Notice was served with proceedings. The action proceeded for 18 months, when Notice was served. The Claimants applied to the District Judge for relief from sanction for failure to serve Notice of Funding and therefore in the event that they became entitled to costs, to claim success fee.

An Order was made granting relief from sanctions without Notice, subject to the Defendant’s right to apply. The Defendants applied and the matter came before the District Judge.

The decision

The Claimant’s Solicitors had made a mistake. It was an honest mistake, but no proper explanation was given. The fault lay with the Claimant’s Solicitors and the loss should fall on them. Order set aside and Claimant’s Application for relief from sanctions dismissed. Claimant to pay Defendant’s costs summarily assessed at £246.75.

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