Feakins v Burstow & Anor [2005] EWHC 2441 (QB) (11 November 2005)

Feakins v Burstow & Anor [2005] EWHC 2441 (QB) (11 November 2005)

The claimant is entitled to his costs of the action, as the unsuccessful ancillary claims did not warrant a reduction and the refusal of the late settlement offer inclusive of costs was reasonable. The principle in Amory v Delamirie applies broadly to solicitor negligence claims. Permission to appeal was granted in...

Source-derived case information.

Citation
[2005] EWHC 2441 (QB)
Parties
Claimant: Kevin Andrew Feakins; Defendant: Anthony Michael Burstow; Defendant: Argles Stoneham Burstows (a firm)
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Civil Negligence Action / Post Trial Costs and Permission to Appeal Ruling
Outcome
Claimant awarded costs; permission to appeal granted in part and refused in part; costs reserved for assessment.
Legal Topics
Solicitor Negligence, Assessment of Damages, Costs Orders, Conditional Fee Agreements, Settlement Offers
Professional Negligence Civil Procedure Costs Solicitor Negligence Assessment of Damages Costs Orders Conditional Fee Agreements Settlement Offers

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kevin Andrew Feakins

Claimant

Anthony Michael Burstow

Defendant

Argles Stoneham Burstows (a firm)

Defendant

Procedural Posture

Civil Negligence Action / Post Trial Costs and Permission to Appeal Ruling

Legal Issues

  1. 1 Assessment of chance of success in negligence claim
  2. 2 Entitlement to costs
  3. 3 Effect of settlement offers on costs

Ratio Decidendi

The claimant is entitled to his costs of the action, as the unsuccessful ancillary claims did not warrant a reduction and the refusal of the late settlement offer inclusive of costs was reasonable. The principle in Amory v Delamirie applies broadly to solicitor negligence claims. Permission to appeal was granted in part on the assessment of chance and contributory negligence.

Court Disposition

Claimant awarded costs; permission to appeal granted in part and refused in part; costs reserved for assessment.

Orders

  • Mr Burstow to pay Mr Feakins his costs of the action to be assessed if not agreed.
  • No order on the costs of the counterclaim.