NICOLETTE BERRIN ADCOCK v BLEMAIN FINANCE LTD

NICOLETTE BERRIN ADCOCK v BLEMAIN FINANCE LTD

The claim for pre-judgment interest is dismissed because the default incipitur rule applies and justice does not require a departure in these modest, non-commercial cases. The Legal Hub report fees are recoverable as the alleged misconduct does not relate to the claimants or their legal representatives, and the evidence does not establish improper conduct.

Parties
Claimant: Nicolette Berrin Adcock; Claimant: David Lynch; Claimant: Mr David John Pollard; Claimant: Mrs Angela Pollard; Defendant: Blemain Finance Ltd
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Costs Assessment / Judgment on Disputed Costs Issues
Outcome
Claim for pre-judgment interest dismissed; challenge to Legal Hub fees dismissed; Legal Hub fees recoverable.
Legal Topics
Pre Judgment Interest on Costs, Recoverability of Disbursements, Misconduct in Costs Assessment, Referral Fees, Consumer Credit Act Claims
Civil Procedure Costs Pre Judgment Interest on Costs Recoverability of Disbursements Misconduct in Costs Assessment Referral Fees Consumer Credit Act Claims

Case Brief

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Parties

Nicolette Berrin Adcock

Claimant

David Lynch

Claimant

Mr David John Pollard

Claimant

Mrs Angela Pollard

Claimant

Blemain Finance Ltd

Defendant

Procedural Posture

Costs Assessment / Judgment on Disputed Costs Issues

Legal Issues

  1. 1 Whether claimants are entitled to recover pre-judgment interest on costs incurred via funding loans
  2. 2 Whether Legal Hub report fees are recoverable or constitute disallowed referral fees under CPR 44.11

Ratio Decidendi

The claim for pre-judgment interest is dismissed because the default incipitur rule applies and justice does not require a departure in these modest, non-commercial cases. The Legal Hub report fees are recoverable as the alleged misconduct does not relate to the claimants or their legal representatives, and the evidence does not establish improper conduct.

Court Disposition

Claim for pre-judgment interest dismissed; challenge to Legal Hub fees dismissed; Legal Hub fees recoverable.

Orders

  • Claimants' claim for pre-judgment interest is dismissed.
  • Defendant's challenge to Legal Hub fees under CPR 44.11 is dismissed.