Costs News

12 September 2019
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News in brief - 12.09.2019

New Council member elected

Stephen Averill (pictured) won the election for the vacant seat on the ACL Council. A former treasurer of the association, Mr Averill is founder and managing director of Phoenix Legal Services in Cardiff.


Points of dispute case heads to Court of Appeal

The Court of Appeal will next February hear the appeal in Ainsworth v Stewarts Law, barrister Robin Dunne of Hardwicke Chambers has confirmed on Twitter.

In the case, the High Court held that the Senior Costs Judge was entitled to refuse to assess part of a law firm’s profit costs in a section 70 detailed assessment on the basis that the client’s points of dispute did not contain enough detail.

Mr Dunne said the court would also consider whether Precedent G applies to solicitor/own client assessments at all.


Failure to disclose CFA a “trivial” breach

The High Court granted relief from sanction to a claimant who had failed to disclose a conditional fee agreement by filing a form N251 or by serving the information on the defendant with seven days, because the breach was quite trivial.

According to a Lawtel report of Anglia Autoflow North America LLC & Anor v Anglia Autoflow Ltd, Julia Dias QC, sitting as a deputy High Court judge, ruled that the claimant had disclosed the funding arrangement in the letter before action, so the defendant received it before it would have done by way of service of the N251 with the claim form. There was no evidence of prejudice to the defendant.



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