Haydon v Strudwick [2010] EWHC 90164 (Costs) (09 April 2010)

Haydon v Strudwick [2010] EWHC 90164 (Costs) (09 April 2010)

Relief from sanctions is granted for failure to serve Notice of Funding regarding the conditional fee agreements, as the Defendant was on notice from early stages and suffered no prejudice; however, relief is refused for the ATE insurance premium due to lack of sufficient notification and compliance with CPR and Costs Practice Direction.

Citation
[2010] EWHC 90164 (Costs)
Parties
Claimant: Craig John Haydon (a protected person suing by Jane Hughes his mother and litigation friend); Defendant: Gavin Strudwick
Jurisdiction
England and Wales
Judgment Date
09 April 2010
Procedural Posture
Costs Application (relief From Sanctions) / Post Settlement, Detailed Assessment Phase
Outcome
Relief from sanctions granted in respect of CFAs; refused in respect of ATE premium.
Legal Topics
Relief From Sanctions, Conditional Fee Agreements, Notice of Funding, Additional Liabilities, After the Event Insurance
Civil Procedure Costs Relief From Sanctions Conditional Fee Agreements Notice of Funding Additional Liabilities After the Event Insurance

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Parties

Craig John Haydon (a protected person suing by Jane Hughes his mother and litigation friend)

Claimant

Gavin Strudwick

Defendant

Procedural Posture

Costs Application (relief From Sanctions) / Post Settlement, Detailed Assessment Phase

Legal Issues

  1. 1 Whether relief from sanctions should be granted for failure to serve Notice of Funding (Form N251) regarding conditional fee agreements and ATE insurance
  2. 2 Whether the Claimant can recover additional liabilities (success fees and ATE premium) despite procedural breaches

Ratio Decidendi

Relief from sanctions is granted for failure to serve Notice of Funding regarding the conditional fee agreements, as the Defendant was on notice from early stages and suffered no prejudice; however, relief is refused for the ATE insurance premium due to lack of sufficient notification and compliance with CPR and Costs Practice Direction.

Court Disposition

Relief from sanctions granted in respect of CFAs; refused in respect of ATE premium.

Orders

  • Claimant entitled in principle to recover success fees under CFAs, subject to detailed assessment.
  • Claimant not entitled to recover ATE insurance premium; disallowed at detailed assessment.