Cuthbert v Gair & Anor (t/a The Bowes Manor Equestrian Centre)

The costs claimed for work done by loss adjusters prior to solicitor instruction are not recoverable as disbursements because they are for work a solicitor would have done, there was no direct liability by the defendants to pay those costs, and the arrangement does not fall within the expert assistance exception. Recovery would breach the indemnity principle.

Parties: Claimant/appellant: Susan Elizabeth Cuthbert; Defendant/respondent: Stephen Ronald Gair and Wendy Isabell Gair trading as The Bowes Manor Equestrian Centre
Jurisdiction: England and Wales
Judgment Date: 03 September 2008
Procedural Posture: Costs Appeal / Appeal From Detailed Assessment
Outcome: Appeal allowed
Legal Topics: Disbursements, Indemnity Principle, Litigants in Person, Subrogation, Expert Assistance

Civil Procedure Costs Disbursements Indemnity Principle Litigants in Person Subrogation Expert Assistance

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 3

Parties

Susan Elizabeth Cuthbert

Claimant/appellant

Stephen Ronald Gair and Wendy Isabell Gair trading as The Bowes Manor Equestrian Centre

Defendant/respondent

Procedural Posture

Costs Appeal / Appeal From Detailed Assessment

Legal Issues

1 Whether costs incurred by loss adjusters prior to solicitor instruction are recoverable as disbursements
2 Whether recovery of such costs breaches the indemnity principle
3 Whether such costs fall within exceptions for expert assistance

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Item 14 of the bill of costs is disallowed in its entirety.
Costs of the appeal to be awarded to the Appellant, subject to further argument.