Myatt & Ors v National Coal Board [2007] EWCA Civ 307 (16 March 2007)

Myatt & Ors v National Coal Board [2007] EWCA Civ 307 (16 March 2007)

Where solicitors have a substantial personal financial interest in the outcome of litigation, and the appeal is primarily for their benefit rather than the clients', the court has jurisdiction under section 51 of the Supreme Court Act 1981 to order the solicitors to pay a proportion of the successful party's costs as non-parties. The existence of a modest client interest does not preclude such an order if the solicitor is a real party in critical respects.

Citation
[2007] EWCA Civ 307
Parties
Claimant: Myatt & Ors; Defendant: National Coal Board; Claimants' Solicitors (joined for Costs): Ollerenshaws
Jurisdiction
England and Wales
Judgment Date
16 March 2007
Procedural Posture
Appeal (civil) / Post Judgment Costs Determination Following Dismissal of Appeal
Outcome
Appellant's solicitors ordered to pay 50% of respondent's costs of appeal.
Legal Topics
Conditional Fee Agreements (cfa), Non Party Costs Orders, Solicitor Liability for Costs, Access to Justice, ATE Insurance
Civil Procedure Costs Conditional Fee Agreements (cfa) Non Party Costs Orders Solicitor Liability for Costs Access to Justice ATE Insurance

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Parties

Myatt & Ors

Claimant

National Coal Board

Defendant

Ollerenshaws

Claimants' Solicitors (joined for Costs)

Procedural Posture

Appeal (civil) / Post Judgment Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to order claimants' solicitors to pay some or all of the defendant's costs where the solicitors had a substantial financial interest in the appeal outcome
  2. 2 Whether solicitors acting with a significant personal financial interest in litigation can be liable for costs under section 51 of the Supreme Court Act 1981

Ratio Decidendi

Where solicitors have a substantial personal financial interest in the outcome of litigation, and the appeal is primarily for their benefit rather than the clients', the court has jurisdiction under section 51 of the Supreme Court Act 1981 to order the solicitors to pay a proportion of the successful party's costs as non-parties. The existence of a modest client interest does not preclude such an order if the solicitor is a real party in critical respects.

Court Disposition

Appellant's solicitors ordered to pay 50% of respondent's costs of appeal.

Orders

  • Ollerenshaws to pay 50% of National Coal Board's costs of the appeal.
  • Defendant entitled to interest on costs from 18 July 2006.