Helen Sellers v Steven Simpkins

Helen Sellers v Steven Simpkins

The overall cap on the Claimant’s liability for costs does not apply because the Defendant elected to claim his basic charges before the case was won, following the reasoning in Higgins & Co Lawyers Ltd v Evans.

Parties
Claimant: Ms Helen Sellers; Litigation Friend for Claimant: Mr Paul Sellers; Defendant: Mr Steven Simpkins
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Costs Assessment / Preliminary Issue Judgment
Outcome
Preliminary issue determined in favour of the Defendant; overall cap does not apply as Defendant elected to claim charges before conclusion of the claim.
Legal Topics
Conditional Fee Agreements, Solicitor Client Costs, Retainer Termination, Detailed Assessment
Civil Procedure Costs Law Conditional Fee Agreements Solicitor Client Costs Retainer Termination Detailed Assessment

Case Brief

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Parties

Ms Helen Sellers

Claimant

Mr Paul Sellers

Litigation Friend for Claimant

Mr Steven Simpkins

Defendant

Procedural Posture

Costs Assessment / Preliminary Issue Judgment

Legal Issues

  1. 1 Whether termination of the conditional fee agreement by the Claimant limits the Defendant's entitlement to charge costs in excess of the amount of costs recovered from the defendant in the underlying proceedings
  2. 2 If so, whether the Defendant’s entitlement is limited to the amount shown in respect of his costs in the schedule of costs produced at the joint settlement meeting

Ratio Decidendi

The overall cap on the Claimant’s liability for costs does not apply because the Defendant elected to claim his basic charges before the case was won, following the reasoning in Higgins & Co Lawyers Ltd v Evans.

Court Disposition

Preliminary issue determined in favour of the Defendant; overall cap does not apply as Defendant elected to claim charges before conclusion of the claim.

Orders

  • Detailed assessment of the Defendant’s bill to proceed as previously directed.