Simon Coram v D R Dunthorn & Son Ltd

Simon Coram v D R Dunthorn & Son Ltd

It was not reasonable or proportionate to instruct Leading Counsel in this case, given the modest value, the lack of evidence justifying the instruction, the assignment to a category C judge, and the absence of novel or exceptional complexity. Any doubt must be resolved in favour of the Defendant.

Parties
Claimant: Simon Coram (Executor of the Estate of Margaret Jean Coram, deceased); Defendant: D R Dunthorn & Son Ltd
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Costs Assessment / Oral Review of Provisional Assessment
Outcome
Provisional assessment upheld; Leading Counsel's fees disallowed; Junior Counsel's fees allowed at £10,000.
Legal Topics
Assessment of Costs, Instruction of Leading Counsel, Proportionality of Costs, Mesothelioma Claims, Secondary Exposure to Asbestos
Civil Procedure Personal Injury Costs Assessment of Costs Instruction of Leading Counsel Proportionality of Costs Mesothelioma Claims Secondary Exposure to Asbestos

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Parties

Simon Coram (Executor of the Estate of Margaret Jean Coram, deceased)

Claimant

D R Dunthorn & Son Ltd

Defendant

Procedural Posture

Costs Assessment / Oral Review of Provisional Assessment

Legal Issues

  1. 1 Whether it was reasonable and proportionate to instruct Leading Counsel in a mesothelioma secondary exposure claim with modest damages
  2. 2 Whether new evidence (a witness statement from Leading Counsel) could be adduced at the oral review stage

Ratio Decidendi

It was not reasonable or proportionate to instruct Leading Counsel in this case, given the modest value, the lack of evidence justifying the instruction, the assignment to a category C judge, and the absence of novel or exceptional complexity. Any doubt must be resolved in favour of the Defendant.

Court Disposition

Provisional assessment upheld; Leading Counsel's fees disallowed; Junior Counsel's fees allowed at £10,000.

Orders

  • Provisional assessment not disturbed
  • Leading Counsel's fees disallowed