Whitehead & Anor v Barrie Searle Hibbert Downall & Newton (a firm) [2007] EWHC 2046 (QB) (12 July 2007)

Whitehead & Anor v Barrie Searle Hibbert Downall & Newton (a firm) [2007] EWHC 2046 (QB) (12 July 2007)

The second defendant was negligent and/or in breach of contract in handling the claim, causing loss to the estate. The primary claim succeeded against the second defendant, but the personal claims failed. Bullock or Sanderson orders were inappropriate as both defendants succeeded in defending substantial parts of the claim. Costs were apportioned to reflect partial success and the conduct of the parties, with the second defendant liable for the primary claim costs and both defendants for a portion of the alternative claim costs.

Citation
[2007] EWHC 2046 (QB)
Parties
First Claimant (in Representative and Personal Capacities): Eric Whitehead; Second Claimant (personal Capacity): David McLeish; First Defendant: Barrie Searle; Second Defendant: Hibbert Downall & Newton (a firm)
Jurisdiction
England and Wales
Judgment Date
12 July 2007
Procedural Posture
Professional Negligence / Breach of Contract Claim / Post Trial Judgment and Costs Determination
Outcome
Judgment for the first claimant in his representative capacity against the second defendant for £118,829. Judgment for both defendants against the claimants in their personal capacities with no order as to costs. Costs orders as specified.
Legal Topics
Costs Orders, Bullock/sanderson Orders, Issue Based Costs, Legal Aid, Apportionment of Liability
Civil Procedure Professional Negligence Contract Law Costs Orders Bullock/sanderson Orders Issue Based Costs Legal Aid Apportionment of Liability

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Parties

Eric Whitehead

First Claimant (in Representative and Personal Capacities)

David McLeish

Second Claimant (personal Capacity)

Barrie Searle

First Defendant

Hibbert Downall & Newton (a firm)

Second Defendant

Procedural Posture

Professional Negligence / Breach of Contract Claim / Post Trial Judgment and Costs Determination

Legal Issues

  1. 1 Whether the defendants were negligent and/or in breach of contract in advising on settlement and handling the claim
  2. 2 Whether the settlement was at an undervalue due to negligent advice
  3. 3 Whether Bullock or Sanderson costs orders should be made

Ratio Decidendi

The second defendant was negligent and/or in breach of contract in handling the claim, causing loss to the estate. The primary claim succeeded against the second defendant, but the personal claims failed. Bullock or Sanderson orders were inappropriate as both defendants succeeded in defending substantial parts of the claim. Costs were apportioned to reflect partial success and the conduct of the parties, with the second defendant liable for the primary claim costs and both defendants for a portion of the alternative claim costs.

Court Disposition

Judgment for the first claimant in his representative capacity against the second defendant for £118,829. Judgment for both defendants against the claimants in their personal capacities with no order as to costs. Costs orders as specified.

Orders

  • Second defendant to pay costs of the first claimant's primary claim.
  • First and second defendants to pay 75% of the costs of the alternative claim relating to the undervalued settlement to the first claimant in his representative capacity.