Royal Devon and Exeter NHS Foundation Trust v Acres
It was reasonable for Mrs Acres to instruct Howard Kennedy, central London solicitors, given Thompsons' refusal to act on the merits and the Society's established practice and trust in Howard Kennedy. The Master erred by attributing Thompsons' refusal solely to the absence of a conditional fee agreement rather than their assessment of the claim's merits.
- Parties
- Appellant: Royal Devon and Exeter NHS Foundation Trust; Respondent/cross Appellant: Margaret Acres
- Jurisdiction
- England and Wales
- Judgment Date
- 22 March 2013
- Procedural Posture
- Appeal / Judgment
- Outcome
- Cross-appeal allowed; Trust's appeal dismissed.
- Legal Topics
- Reasonable Solicitor Choice, Hourly Rates, Proportionality, Costs Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Royal Devon and Exeter NHS Foundation Trust
Appellant
Margaret Acres
Respondent/cross Appellant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether it was reasonable for the claimant to instruct central London solicitors
- 2 What hourly rates should be allowed for those solicitors
Ratio Decidendi
It was reasonable for Mrs Acres to instruct Howard Kennedy, central London solicitors, given Thompsons' refusal to act on the merits and the Society's established practice and trust in Howard Kennedy. The Master erred by attributing Thompsons' refusal solely to the absence of a conditional fee agreement rather than their assessment of the claim's merits.
Court Disposition
Cross-appeal allowed; Trust's appeal dismissed.
Orders
- Howard Kennedy's rates to apply for costs.
- No carte blanche for central London solicitors in similar cases.
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