0370 270 6000

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.

Focus on...

Legal updates

Court of Appeal confirms exclusive English jurisdiction clause in excess liability policies in Canadian pipeline dispute

On 10 June 2022 the Court of Appeal upheld an anti-suit injunction granted in favour of insurers by Mr Justice Jacobs in September 2021 restraining proceedings from being brought in Canada and enforcing the exclusive English jurisdiction clause in excess liability policies.

View

Blogs

Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.

View

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

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