Oduvbu v Dualeh & Anor [2006] EWHC 90059 (Costs) (05 July 2006)

Oduvbu v Dualeh & Anor [2006] EWHC 90059 (Costs) (05 July 2006)

The claimant's solicitors made sufficient enquiries regarding the existence of legal expenses insurance at the time of instruction, and any technical breach of Regulation 4 was immaterial and did not affect the administration of justice. The late witness statement was admitted as credible evidence, and there was no breach of the indemnity principle.

Citation
[2006] EWHC 90059 (Costs)
Parties
Claimant: Joseph Oduvbu; First Defendant: Ahmed Dualeh; Second Defendant: Royal Sun Alliance PLC
Jurisdiction
England and Wales
Judgment Date
05 July 2006
Procedural Posture
Costs Appeal / Appeal From Principal Costs Officer's Assessment
Outcome
Appeal allowed
Legal Topics
Conditional Fee Agreements, Compliance With Regulation 4, Admissibility of Fresh Evidence, Indemnity Principle
Civil Procedure Costs Conditional Fee Agreements Compliance With Regulation 4 Admissibility of Fresh Evidence Indemnity Principle

Case Brief

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Parties

Joseph Oduvbu

Claimant

Ahmed Dualeh

First Defendant

Royal Sun Alliance PLC

Second Defendant

Procedural Posture

Costs Appeal / Appeal From Principal Costs Officer's Assessment

Legal Issues

  1. 1 Whether the claimant's solicitors complied with Regulation 4 of the Conditional Fee Agreements Regulations 2000
  2. 2 Whether fresh evidence (Mr Somerville's witness statement) should be admitted on appeal
  3. 3 Whether any breach of the Regulations had a material effect on the administration of justice

Ratio Decidendi

The claimant's solicitors made sufficient enquiries regarding the existence of legal expenses insurance at the time of instruction, and any technical breach of Regulation 4 was immaterial and did not affect the administration of justice. The late witness statement was admitted as credible evidence, and there was no breach of the indemnity principle.

Court Disposition

Appeal allowed

Orders

  • Mr Somerville's witness statement admitted as evidence
  • No material breach of the CFA Regulations found