JM Ryan v Tretol Group Ltd & Ors [2002] EWHC 9023 (Costs) (10 July 2002)

JM Ryan v Tretol Group Ltd & Ors [2002] EWHC 9023 (Costs) (10 July 2002)

It was reasonable for the Claimant to change solicitors to a London firm with specialist expertise in asbestos disease claims, as no local firm had sufficient expertise. The Claimant is entitled to recover costs at London rates.

Citation
[2002] EWHC 9023 (Costs)
Parties
Claimant: J M Ryan; Defendants: Tretol Group Limited & Others
Jurisdiction
England and Wales
Judgment Date
10 July 2002
Procedural Posture
Costs Appeal / Appeal From Detailed Assessment
Outcome
Appeal allowed
Legal Topics
Change of Solicitors, Assessment of Costs, Reasonableness of Instructing Specialist Solicitors, Charging Rates
Civil Procedure Costs Change of Solicitors Assessment of Costs Reasonableness of Instructing Specialist Solicitors Charging Rates

Case Brief

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Parties

J M Ryan

Claimant

Tretol Group Limited & Others

Defendants

Procedural Posture

Costs Appeal / Appeal From Detailed Assessment

Legal Issues

  1. 1 Whether it was reasonable for the Claimant to change solicitors to a London firm
  2. 2 Whether the Claimant should recover London or Nottingham charging rates for costs

Ratio Decidendi

It was reasonable for the Claimant to change solicitors to a London firm with specialist expertise in asbestos disease claims, as no local firm had sufficient expertise. The Claimant is entitled to recover costs at London rates.

Court Disposition

Appeal allowed

Orders

  • Detailed assessment remitted to another Costs Judge limited to charging rates
  • Claimant awarded costs of the appeal to be assessed at the remitted hearing