Moy v Pettman Smith (a Firm) & Anor [2003] EWCA Civ 467 (25 March 2003)

Moy v Pettman Smith (a Firm) & Anor [2003] EWCA Civ 467 (25 March 2003)

Costs were apportioned to reflect the parties' respective liability and conduct: the first defendant solicitors to pay the claimant's costs as ordered below; the second defendant counsel to pay 20% of the first defendants' costs of the hearing below; and two-thirds of the first appellants' costs of the appeal, due to the proportion of work necessitated by the abandoned grounds of appeal and overall conduct.

Citation
[2003] EWCA Civ 467
Parties
Claimant (second Appellant): David Leslie Moy; First Defendants (first Appellants): Pettman Smith (a Firm); Second Defendant (respondent): Jacqueline Perry
Jurisdiction
England and Wales
Judgment Date
25 March 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal (civil Division), Costs Determination
Outcome
Costs apportioned as set out; application by second defendant for permission to appeal refused.
Legal Topics
Costs, Apportionment of Liability, Solicitor and Counsel Negligence, Settlement Offers (part 36)
Professional Negligence Civil Procedure Costs Apportionment of Liability Solicitor and Counsel Negligence Settlement Offers (part 36)

Case Brief

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Parties

David Leslie Moy

Claimant (second Appellant)

Pettman Smith (a Firm)

First Defendants (first Appellants)

Jacqueline Perry

Second Defendant (respondent)

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal (civil Division), Costs Determination

Legal Issues

  1. 1 How should costs be apportioned between negligent solicitors and counsel?
  2. 2 What is the effect of settlement offers and conduct on costs orders?

Ratio Decidendi

Costs were apportioned to reflect the parties' respective liability and conduct: the first defendant solicitors to pay the claimant's costs as ordered below; the second defendant counsel to pay 20% of the first defendants' costs of the hearing below; and two-thirds of the first appellants' costs of the appeal, due to the proportion of work necessitated by the abandoned grounds of appeal and overall conduct.

Court Disposition

Costs apportioned as set out; application by second defendant for permission to appeal refused.

Orders

  • First defendant solicitors to pay claimant's costs as ordered below.
  • Second defendant counsel to pay 20% of first defendants' costs of the hearing below.