Regent Leisuretime Ltd & Ors v Skerrett & Anor

Regent Leisuretime Ltd & Ors v Skerrett & Anor

The judge erred in allowing the wasted costs application to proceed without evidence or quantification of costs and without forming a prima facie view that the solicitor had acted improperly, unreasonably, or negligently or that unnecessary costs had been caused. The applications for wasted costs were not fit to proceed and should be dismissed.

Parties
Claimant/respondent: Regent Leisuretime Ltd; Claimant/respondent: Stephen Amos; Claimant/respondent: Peter Barton; First Defendant/respondent: Phillip Skerrett; Second Defendant/respondent: Ken Pearson; First Defendant’s Solicitor/appellant: Reynolds Porter Chamberlain (a firm)
Jurisdiction
England and Wales
Judgment Date
04 July 2006
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Outcome
Appeal allowed; wasted costs applications dismissed; paragraphs 3 and 4 of the order of 17 June set aside.
Legal Topics
Wasted Costs Orders, Solicitor’s Authority, Service of Process, Bankruptcy and Litigation, Limitation Periods
Civil Procedure Professional Negligence Costs Wasted Costs Orders Solicitor’s Authority Service of Process Bankruptcy and Litigation Limitation Periods

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Parties

Regent Leisuretime Ltd

Claimant/respondent

Stephen Amos

Claimant/respondent

Peter Barton

Claimant/respondent

Phillip Skerrett

First Defendant/respondent

Ken Pearson

Second Defendant/respondent

Reynolds Porter Chamberlain (a firm)

First Defendant’s Solicitor/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in allowing a wasted costs application to proceed without proper evidence or quantification of costs
  2. 2 Whether Reynolds Porter Chamberlain acted improperly, unreasonably, or negligently in acknowledging service and defending without instructions
  3. 3 Whether any unnecessary costs were caused by the solicitor’s conduct

Ratio Decidendi

The judge erred in allowing the wasted costs application to proceed without evidence or quantification of costs and without forming a prima facie view that the solicitor had acted improperly, unreasonably, or negligently or that unnecessary costs had been caused. The applications for wasted costs were not fit to proceed and should be dismissed.

Court Disposition

Appeal allowed; wasted costs applications dismissed; paragraphs 3 and 4 of the order of 17 June set aside.

Orders

  • Appeal allowed.
  • Paragraphs 3 and 4 of the order of 17 June set aside.