0370 270 6000

Rees v Devon County Council, Torquay & Newton Abbot County Court

17 November 2003
The issues

Capping – costs.

The facts

The Claimant brought an action for personal injury against the Defendant. The Claimant’s case related to an alleged breach of duty on the part of the Highway Authority. The District Judge at Directions expressed some concern at the manner in which the Claimant’s Solicitors had handled the claim. She was particularly concerned that in respect of a Telephone Hearing alone, a Costs Schedule in the region of £900.00 had been put forward.

The decision

The District Judge took the view that the Claimant’s Solicitor’s handling appeared to be disproportionate and accordingly made an Order that “it is anticipated that the recoverable costs of this action shall be no more than £2,500.00″.

Comments

In the event the claim was dismissed and the issue never arose as to costs!

For further information please contact jessicaross@veitchpenny.co.uk.

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