Shadi Al Tarboush v Yusuf Cassam

Shadi Al Tarboush v Yusuf Cassam

The wasted costs jurisdiction does not extend to indemnifying the Claimant against costs liabilities incurred as a result of his own solicitor's conduct; the Claimant did not incur unnecessary costs within the meaning of the wasted costs regime, and any remedy lies in a professional negligence claim, not summary...

Source-derived case information.

Parties
Claimant: Shadi Al Tarboush; Litigation Friend: Abdulhadi Al Tarboush; Defendant: Yusuf Cassam
Jurisdiction
England and Wales
Judgment Date
18 November 2024
Procedural Posture
Personal Injury / Application for Wasted Costs Order; Post Strike Out
Outcome
Claimant's application for wasted costs order dismissed.
Legal Topics
Wasted Costs, Solicitor Negligence, Strike Out, Costs Orders
Civil Procedure Professional Negligence Wasted Costs Solicitor Negligence Strike Out Costs Orders

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Parties

Shadi Al Tarboush

Claimant

Abdulhadi Al Tarboush

Litigation Friend

Yusuf Cassam

Defendant

Procedural Posture

Personal Injury / Application for Wasted Costs Order; Post Strike Out

Legal Issues

  1. 1 Whether a wasted costs order should be made against the Claimant's former solicitors, Hegarty LLP, for costs incurred by the Claimant due to procedural failures
  2. 2 Whether the wasted costs jurisdiction applies to costs liabilities incurred by the Claimant as a result of his own solicitor's conduct

Ratio Decidendi

The wasted costs jurisdiction does not extend to indemnifying the Claimant against costs liabilities incurred as a result of his own solicitor's conduct; the Claimant did not incur unnecessary costs within the meaning of the wasted costs regime, and any remedy lies in a professional negligence claim, not summary wasted costs proceedings.

Court Disposition

Claimant's application for wasted costs order dismissed.

Orders

  • Claimant and Hegarty to agree an appropriate order; failing agreement, further hearing to be listed to resolve outstanding issues.