Razaq v Iqbal & Ors [2019] EWHC 3924 (QB) (18 November 2019)

Razaq v Iqbal & Ors [2019] EWHC 3924 (QB) (18 November 2019)

The appeal was dismissed because the judge at first instance was entitled to find that it was not proven, on the balance of probabilities, that the Claimant would have accepted the settlement offer if it had been communicated, and thus the solicitor's negligence did not cause the Second Defendant to incur unnecessary costs.

Citation
[2019] EWHC 3924 (QB)
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
Appeal / Judgment on Appeal Against Refusal of Wasted Costs Order and Relief From Sanctions
Outcome
Appeal dismissed
Legal Topics
Wasted Costs Orders, Relief From Sanctions, Solicitor's Duties, Causation of Costs, Overriding Objective
Civil Procedure Professional Negligence Wasted Costs Orders Relief From Sanctions Solicitor's Duties Causation of Costs Overriding Objective

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

Appeal / Judgment on Appeal Against Refusal of Wasted Costs Order and Relief From Sanctions

Legal Issues

  1. 1 Whether a solicitor's failure to communicate a settlement offer to a client is a breach of duty to the court justifying a wasted costs order
  2. 2 Whether the solicitor's failure caused the applicant to incur unnecessary costs

Ratio Decidendi

The appeal was dismissed because the judge at first instance was entitled to find that it was not proven, on the balance of probabilities, that the Claimant would have accepted the settlement offer if it had been communicated, and thus the solicitor's negligence did not cause the Second Defendant to incur unnecessary costs.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal relief from sanctions refused
  • Appeal against refusal of wasted costs order dismissed