Whitehead & Anor v Barrie Searle Hibbert Downall & Newton (a firm)

Whitehead & Anor v Barrie Searle Hibbert Downall & Newton (a firm)

The second defendant was negligent and/or in breach of contract in handling the estate's claim, resulting in an undervalued settlement. The estate's primary claim succeeded against the second defendant, but the personal claims failed. Bullock or Sanderson orders were inappropriate as both defendants succeeded on significant parts of the claim. Costs were apportioned: the second defendant to pay the costs of the primary claim and both defendants to pay 75% of the costs of the undervalued settlement claim. No costs order was made on the failed personal claims due to the claimants' legal aid status and the defendants' conduct.

Parties
First Claimant (administrator of Estate of Paula Mc Leish): Eric Whitehead; Second Claimant: David McLeish; First Defendant: Barrie Searle; Second Defendant: Hibbert Downall & Newton (a firm)
Jurisdiction
England and Wales
Judgment Date
12 July 2007
Procedural Posture
Civil (professional Negligence) / Post Trial Judgment and Costs Determination
Outcome
Judgment for the first claimant (in representative capacity) against the second defendant; judgment for both defendants against the claimants in their personal capacities; costs orders as specified; permission to appeal refused.
Legal Topics
Costs Orders, Bullock and Sanderson Orders, Legal Aid, Apportionment of Liability, Negligence, Breach of Contract
Professional Negligence Civil Procedure Costs Orders Bullock and Sanderson Orders Legal Aid Apportionment of Liability Negligence Breach of Contract

Case Brief

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Parties

Eric Whitehead

First Claimant (administrator of Estate of Paula Mc Leish)

David McLeish

Second Claimant

Barrie Searle

First Defendant

Hibbert Downall & Newton (a firm)

Second Defendant

Procedural Posture

Civil (professional Negligence) / 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 for Paula McLeish's estate
  2. 2 Whether the settlement was undervalued due to negligent advice
  3. 3 Whether Bullock or Sanderson costs orders are appropriate

Ratio Decidendi

The second defendant was negligent and/or in breach of contract in handling the estate's claim, resulting in an undervalued settlement. The estate's primary claim succeeded against the second defendant, but the personal claims failed. Bullock or Sanderson orders were inappropriate as both defendants succeeded on significant parts of the claim. Costs were apportioned: the second defendant to pay the costs of the primary claim and both defendants to pay 75% of the costs of the undervalued settlement claim. No costs order was made on the failed personal claims due to the claimants' legal aid status and the defendants' conduct.

Court Disposition

Judgment for the first claimant (in representative capacity) against the second defendant; judgment for both defendants against the claimants in their personal capacities; costs orders as specified; permission to appeal refused.

Orders

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