Lyons v Vauxhall Aftersales [2002] EWCA Civ 301 (21 February 2002)

Lyons v Vauxhall Aftersales [2002] EWCA Civ 301 (21 February 2002)

The reasonableness of instructing solicitors from outside the local area and the rates charged must be determined on the facts of each case; there is no general principle prohibiting such instruction, and no important point of practice arises to justify a second appeal.

Citation
[2002] EWCA Civ 301
Parties
Claimant/respondent: Julie Ann Lyons; Defendant/appellant: Vauxhall Aftersales; Claimant/respondent: David Lee Gibbs; Defendant/appellant: IBC Vehicles Ltd
Jurisdiction
England and Wales
Judgment Date
21 February 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Applications for permission to appeal refused
Legal Topics
Assessment of Costs, Reasonableness of Solicitors' Rates, Personal Injury Litigation, Jurisdictional Choice of Solicitors
Civil Procedure Costs Assessment of Costs Reasonableness of Solicitors' Rates Personal Injury Litigation Jurisdictional Choice of Solicitors

Case Brief

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Parties

Julie Ann Lyons

Claimant/respondent

Vauxhall Aftersales

Defendant/appellant

David Lee Gibbs

Claimant/respondent

IBC Vehicles Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether it is objectively reasonable for claimants in ordinary personal injury litigation to instruct solicitors outside the general area of the accident, workplace, or residence
  2. 2 Whether the rate of charge by solicitors from outside the local area should be allowed in costs assessment

Ratio Decidendi

The reasonableness of instructing solicitors from outside the local area and the rates charged must be determined on the facts of each case; there is no general principle prohibiting such instruction, and no important point of practice arises to justify a second appeal.

Court Disposition

Applications for permission to appeal refused

Orders

  • Applications refused
  • Costs agreed in the sum of £5,800 to be paid by the appellant