Aisbitt v Conrathe & Anor [2004] EWCA Civ 1753 (14 December 2004)

Aisbitt v Conrathe & Anor [2004] EWCA Civ 1753 (14 December 2004)

Solicitors retained actual authority to act on applicant's instructions despite coming off the record; no causative loss established as judicial review had negligible prospects of success; judge entitled to limit damages and make costs order as he did.

Citation
[2004] EWCA Civ 1753
Parties
Claimant/applicant: Kirsty Fiona Aisbitt; Defendant/respondent: Mr Paul Conrathe; Defendant/respondent: Coningsbys Solicitors
Jurisdiction
England and Wales
Judgment Date
14 December 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Solicitor Authority, Consent Orders, Damages for Negligence, Costs Orders, Judicial Review Withdrawal
Civil Procedure Professional Negligence Solicitor Authority Consent Orders Damages for Negligence Costs Orders Judicial Review Withdrawal

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Parties

Kirsty Fiona Aisbitt

Claimant/applicant

Mr Paul Conrathe

Defendant/respondent

Coningsbys Solicitors

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether solicitors had authority to act after coming off the record
  2. 2 Whether the judge erred in limiting damages to a nominal sum
  3. 3 Whether the applicant was properly informed of the consent order

Ratio Decidendi

Solicitors retained actual authority to act on applicant's instructions despite coming off the record; no causative loss established as judicial review had negligible prospects of success; judge entitled to limit damages and make costs order as he did.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Applicant to pay 60% of defendants' costs, subject to detailed assessment if not agreed