Razaq v Iqbal & Ors

Razaq v Iqbal & Ors

The appeal was dismissed because the judge was not satisfied on balance that the Claimant would have accepted the settlement offer if communicated, and thus the negligent conduct did not cause wasted costs. Relief from sanctions for late evidence was properly granted, and there was no breach of duty to the court established.

Parties
Claimant: Mohammed Saqib Razaq; First Defendant: Imran Iqbal; Second Defendant/appellant: Esure Services Limited; Third Party/respondent: Dunne & Co. Solicitors
Jurisdiction
England and Wales
Judgment Date
18 November 2019
Procedural Posture
Civil Appeal / Appeal From High Court Ruling on Wasted Costs Order
Outcome
Appeal dismissed
Legal Topics
Wasted Costs, Relief From Sanctions, Solicitor's Duty to Court, Causation in Costs Applications
Civil Procedure Professional Negligence Wasted Costs Relief From Sanctions Solicitor's Duty to Court Causation in Costs Applications

Case Brief

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Parties

Mohammed Saqib Razaq

Claimant

Imran Iqbal

First Defendant

Esure Services Limited

Second Defendant/appellant

Dunne & Co. Solicitors

Third Party/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling on Wasted Costs Order

Legal Issues

  1. 1 Whether solicitor's failure to communicate settlement offer to client constitutes breach of duty to court
  2. 2 Whether negligent conduct caused wasted costs
  3. 3 Whether relief from sanctions should be granted for late evidence

Ratio Decidendi

The appeal was dismissed because the judge was not satisfied on balance that the Claimant would have accepted the settlement offer if communicated, and thus the negligent conduct did not cause wasted costs. Relief from sanctions for late evidence was properly granted, and there was no breach of duty to the court established.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal relief from sanctions refused
  • Application for wasted costs order dismissed