The price of justice: gratis
The case of Berry v Spousals (Midlands) Limited & Cape Darlington – (Birmingham CC) 24/4/07 concerned an asbestos related claim which settled for £5,000. The sticking point was the costs. As the judge commented on the subsequent costs appeal:
“I will wager that the parties here, their lawyers, have spent more time dealing with and worrying about costs than about Mr Berry's claim for damages. … On 5th May a notice of commencement and a bill of costs were sent to the Defendants seeking costs of £39,007.95. This included a success fee of 100 per cent. Mr Berry might have thought perhaps that there was more merit in being a solicitor than being compensated for an asbestos related injury.”
Fortunately the story had a happy ending and the Claimant’s solicitors, Irwin Mitchell, were found to have a defective CFA and their costs were disallowed.
“I will wager that the parties here, their lawyers, have spent more time dealing with and worrying about costs than about Mr Berry's claim for damages. … On 5th May a notice of commencement and a bill of costs were sent to the Defendants seeking costs of £39,007.95. This included a success fee of 100 per cent. Mr Berry might have thought perhaps that there was more merit in being a solicitor than being compensated for an asbestos related injury.”
Fortunately the story had a happy ending and the Claimant’s solicitors, Irwin Mitchell, were found to have a defective CFA and their costs were disallowed.
Labels: CFAs
posted by Simon Gibbs at
5:54 PM
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