Motto v Trafigura
This was a case where nearly 3000 claimants sued for damages following the dumping of toxic waste in Abidjan Ivory Coast and damages were in the order of £30million. The claimants solicitors bill amounted to £105million and at the detailed assessment a number of issues arose and the matter went to The Court of Appeal on a number of important preliminary issues and which included:
• Proportionality
• Vetting costs
• Pre-Action Protocol
• Medical reports
• Abandoned claims
• Settlement and distribution
• Cost of funding
• Success Fee
• ATE Premium
The judgment is a must for any litigator and can be found by clicking the following link. http://www.bailii.org/ew/cases/EWCA/Civ/2011/1150.html
The case subsequently settled and the Court of Appeal were deprived of the opportunity of deciding another important issue as to when interest on costs runs.
Fortunately the case of Simcoe v Jacuzzi UK Group is pending in the Court of Appeal and is expected to deal with this issue. Watch this space!!
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Costs in Infant Settlements
Master Dockerill v Bakos
On Monday 27th February 2012 The Court of Appeal handed down decision regarding infant matters where damages are less than £1,000.00 and approval proceedings have been issued.
The Court held that only costs of obtaining advice from a Solicitor or Counsel on merits of settlement and potential costs of proceedings i.e. preparation of claim form and attendance at Court and if the matter is not problematic or complex which is highly unlikely where damages are below £1,000.00.
In future when infant matters settle under £1,000.00 with no exceptional circumstances the recoverable costs will in all probability be a few hundred pounds in profit costs plus VAT and disbursements. For full transcript of judgment please click following link http://www.bailii.org/ew/cases/EWCA/Civ/2012/184.html
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Legal Aid
The Community Legal Service (Funding) (Amendment No 2) Order 2011 came into effect on 1st February 2011. There has been a savage 10% cut across all rates and the levels of enhancement have been slashed in half to 100% on civil cases and 50% on family cases.
It is now more important than ever to ensure best possible time recording to achieve the maximum recovery.
If you have any questions on the topic please telephone us for FREE advice when we will discuss the issue without obligation.