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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.

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