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

France v McVeigh, Doncaster County Court, 26 June 2003

27 October 2003
The issues

Costs – base costs – Application to cap Claimant’s base costs.

The facts

The Claimant brought an action for personal injuries against the Defendant in respect of a road traffic accident. At an early stage in the litigation, the Defendants on the instructions of Insurers made an Application to put a cap in the Claimant’s base costs. Both parties agreed that the claim was suitable for the Fast Track. The Claimant’s costs estimate at conclusion of the case given in the Allocation Questionnaire was £9,000.00. The Defendant made an Application to place a cap on the base costs, the Claimant having the benefit of a Conditional Fee Agreement.

The decision

1. Bearing in mind the overriding objective, the Court had to be confident that placing a cap on parties’ costs would preserve an equal balance. It would be unfair to place a cap, if to do so would mean that the parties are no longer on an equal footing.

2. There was nothing before the Court suggesting that the Claimant’s Solicitors were seeking to inflate their costs.

3. Applications of this sort created delay and took up Court time. It would be disproportionate to spend time considering costs on a theoretical basis at an early stage in the litigation when the costs would in any event be subject to assessment at the end.

Application dismissed.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.


Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.


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