Lyons v Vauxhall Aftersales [2001] EWCA Civ 1292 (17 July 2001)

Lyons v Vauxhall Aftersales [2001] EWCA Civ 1292 (17 July 2001)

The application for permission to appeal is adjourned for an inter-partes hearing to allow a full court to determine whether the criteria in section 55(1) of the Access to Justice Act 1999 are met and, if so, to consider the merits of the challenge to the reasonableness of charging London solicitors' rates in routine Luton cases.

Citation
[2001] EWCA Civ 1292
Parties
Claimant/respondent: Julie Ann Lyons; Defendant/appellant: Vauxhall Aftersales; Claimant/respondent: David Lee Gibbs; Defendant/appellant: IBC Vehicles Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Tier Appeal)
Outcome
Application for permission to appeal adjourned for inter-partes hearing; costs to be costs in the appeal.
Legal Topics
Reasonableness of Solicitors' Fees, Choice of Solicitor, Assessment of Costs, Access to Justice Act 1999 Section 55
Civil Procedure Costs Reasonableness of Solicitors' Fees Choice of Solicitor Assessment of Costs Access to Justice Act 1999 Section 55

Case Brief

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Parties

Julie Ann Lyons

Claimant/respondent

Vauxhall Aftersales

Defendant/appellant

David Lee Gibbs

Claimant/respondent

IBC Vehicles Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Tier Appeal)

Legal Issues

  1. 1 Whether it was reasonable for claimants residing in Luton to instruct London solicitors for personal injury claims
  2. 2 Whether London solicitors can charge higher rates in routine cases that could be handled by local solicitors at lower rates
  3. 3 Whether the case raises an important point of practice under section 55(1) of the Access to Justice Act 1999

Ratio Decidendi

The application for permission to appeal is adjourned for an inter-partes hearing to allow a full court to determine whether the criteria in section 55(1) of the Access to Justice Act 1999 are met and, if so, to consider the merits of the challenge to the reasonableness of charging London solicitors' rates in routine Luton cases.

Court Disposition

Application for permission to appeal adjourned for inter-partes hearing; costs to be costs in the appeal.

Orders

  • Application adjourned for inter-partes hearing
  • Costs to be costs in the appeal