Haydon v Strudwick

Haydon v Strudwick

Relief from sanctions is granted in respect of the additional liability (success fee) under the first and second CFAs because the Defendant was substantively informed of the CFA funding and suffered no prejudice; however, relief is refused for the ATE premium due to total failure to provide required information about the policy, which is a more serious breach.

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, Application for Relief From Sanctions Under CPR 3.9 Prior to Detailed Assessment of Costs
Outcome
Relief from sanctions granted in part; Claimant entitled in principle to recover success fee but not ATE premium.
Legal Topics
Relief From Sanctions, Conditional Fee Agreements (cfa), Notice of Funding, After the Event (ate) Insurance, Detailed Assessment of Costs
Civil Procedure Costs Relief From Sanctions Conditional Fee Agreements (cfa) Notice of Funding After the Event (ate) Insurance Detailed Assessment of Costs

Case Brief

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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, Application for Relief From Sanctions Under CPR 3.9 Prior to Detailed Assessment of Costs

Legal Issues

  1. 1 Whether relief from sanctions should be granted to permit recovery of additional liabilities (success fee and ATE premium) despite failure to serve Notice of Funding (Form N251) as required by CPR and Practice Direction

Ratio Decidendi

Relief from sanctions is granted in respect of the additional liability (success fee) under the first and second CFAs because the Defendant was substantively informed of the CFA funding and suffered no prejudice; however, relief is refused for the ATE premium due to total failure to provide required information about the policy, which is a more serious breach.

Court Disposition

Relief from sanctions granted in part; Claimant entitled in principle to recover success fee but not ATE premium.

Orders

  • Relief from sanctions granted for recovery of success fee under first and second CFAs, subject to detailed assessment.
  • Relief from sanctions refused for recovery of ATE premium; premium disallowed at detailed assessment.