Moy v Pettman Smith (a Firm) & Anor

Moy v Pettman Smith (a Firm) & Anor

Costs were apportioned to reflect the parties' responsibility and conduct: first defendant solicitors to pay the claimant's costs as ordered below; second defendant counsel to pay 20% of the first defendants' costs of the hearing below and two-thirds of the first defendants' costs of the appeal.

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 / Costs Determination After Appeal
Outcome
Costs apportioned as specified; application by second defendant for permission to appeal refused.
Legal Topics
Costs, Apportionment of Liability, Settlement Offers, Legal Representation
Professional Negligence Civil Procedure Costs Apportionment of Liability Settlement Offers Legal Representation

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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 / Costs Determination After Appeal

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' responsibility and conduct: first defendant solicitors to pay the claimant's costs as ordered below; second defendant counsel to pay 20% of the first defendants' costs of the hearing below and two-thirds of the first defendants' costs of the appeal.

Court Disposition

Costs apportioned as specified; 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.