Younan v First Group Plc [2011] EWHC 90214 (Costs) (18 February 2011)

Younan v First Group Plc [2011] EWHC 90214 (Costs) (18 February 2011)

There is no proper basis for a percentage reduction of the claimant's costs for misconduct; only specific items incurred as a result of exaggeration of symptoms are to be disallowed. It was reasonable to instruct leading counsel. The CFA is enforceable as no breach of Regulation 4(2)(e)(ii) was established. Relief...

Source-derived case information.

Citation
[2011] EWHC 90214 (Costs)
Parties
Claimant: Hany Younan; Defendant: First Group PLC
Jurisdiction
England and Wales
Judgment Date
18 February 2011
Procedural Posture
Detailed Assessment of Costs Following Personal Injury Litigation / Costs Assessment After Settlement and Judgment on Liability
Outcome
Claimant's costs to be assessed with specific disallowances for costs incurred due to exaggeration of symptoms; no overall percentage reduction; relief from sanctions granted except for specified period; success fees adjusted as specified.
Legal Topics
Detailed Assessment of Costs, Conditional Fee Agreements, Relief From Sanctions, Success Fees, Conduct and Costs Consequences
Civil Procedure Personal Injury Costs Detailed Assessment of Costs Conditional Fee Agreements Relief From Sanctions Success Fees Conduct and Costs Consequences

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Summary, issues, holding and outcome

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Parties

Hany Younan

Claimant

First Group PLC

Defendant

Procedural Posture

Detailed Assessment of Costs Following Personal Injury Litigation / Costs Assessment After Settlement and Judgment on Liability

Legal Issues

  1. 1 Whether the claimant's costs should be reduced for misconduct (exaggeration and alleged collusion)
  2. 2 Reasonableness of instructing leading counsel
  3. 3 Enforceability of the conditional fee agreement under Regulation 4(2)(e)(ii)

Ratio Decidendi

There is no proper basis for a percentage reduction of the claimant's costs for misconduct; only specific items incurred as a result of exaggeration of symptoms are to be disallowed. It was reasonable to instruct leading counsel. The CFA is enforceable as no breach of Regulation 4(2)(e)(ii) was established. Relief from sanctions is granted except for the period between 24 September 2009 and 20 December 2010, during which no success fees are recoverable. Success fees for Percy Hughes & Roberts and Mr Bell are reduced to 20% and 18% respectively; all other success fees are recoverable as claimed.

Court Disposition

Claimant's costs to be assessed with specific disallowances for costs incurred due to exaggeration of symptoms; no overall percentage reduction; relief from sanctions granted except for specified period; success fees adjusted as specified.

Orders

  • Disallow appropriate items in claimant's bill of costs incurred due to exaggeration of symptoms.
  • No overall percentage reduction of costs for misconduct.