County Case Study: Smith/Norfolk
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We will be detailing individual cases where County Cost have executed formidable wins substantiating our high success rates at recovering costs for our clients. Our cases range in size, area of expertise and duration but County Cost are able to tackle and deliver, each and every time.
D. SMITH - and - NORFOLK COMMUNITY HEALTH & CARE NHS TRUST
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D. SMITH - and - NORFOLK COMMUNITY HEALTH & CARE NHS TRUST 〰️
Case One: D. SMITH - and - NORFOLK COMMUNITY HEALTH & CARE NHS TRUST
Recently, County Cost succeeded in a monumental win in regards to an overturned appeal case, headed by Thomas Walsh. The client was awarded their full costs, due to the diligence and experience of the County team. Without the confidence, commitment and superior knowledge that County Cost exemplified, this particular client would not have succeeded in recovering their costs in part due to a lesser-known supporting argument regarding CPR 3.14.
Case Context:
Original Case: A claim for damages, personal injury and losses arising from an accident at work
Cost Law Case: The claimant fighting for costs accrued over the duration of case but the defendant claimed their offer of settlement limited the costs to court costs only
Case Duration: 2 years
County Cost Strategy: Implementing details surrounding a part 36 offer, proving that costs cannot be restricted with the provision of supporting argument
Amount Recovered: Over £30,000
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Initially, the judge’s decision was taken into full consideration as the test to appeal adheres to strict laws and the prospect of success was fully taken into account before proceeding. We believed that the error made was enough to pass the permission to appeal test, fuelling us to take the case further.
The second consideration was financially. By reference to the judge’s decision, the court fees equated to around £10,000, despite the court already assessing the bill at around £30,000. This discrepancy was discussed with the client, ultimately asking whether they believed it to be reasonable and proportionate to proceed with any appeal. Bearing in mind that if they were to lose, there would be financial ramifications; paying further court fees, our barrister fees and also potential adverse costs to the defendant.
Lastly, this case impacted the outcome of future cases in terms of us advising other and future clients who fall foul of this rule. We had a detailed decision that supported our argument with the acceptance of a part 36 offer in these terms, but also the failure to comply with CPR 3.14 and what this would mean for solicitors. Failure to adhere to such rules would result in a loss of recovering future costs and that costs incurred up to that point are protected.
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As we were dealing with the impact surrounding CPR 3.14 rulings, the difficulty became apparent as there were no higher court decisions or authority to rely on when looking further into the case. Many solicitors are unaware of the fact that if they fail to file a budget within the prescribed time limits as ordered by the court, then that affects their future costs.
In relation to part 36 offers, the other issue was when the Defendant made their part 36, they referenced how they would deal with costs restricting us to court fees. However, our counter argument was that the court fee restriction only applied to future costs and ultimately, the judge went in our favour.
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Our monthly meetings enable the County team to share and pool each member’s experience when it comes to current cases. This compounds the knowledge within our firm, as we are able to circulate case law information in order to have the best chance at success. These meetings brought to light the particular issues within the case such as the sanction under CPR 3.14 only applying to future costs and not incurred costs, keeping them protected.
Litigation within any arena is always risky with no guarantees of success. Following a great deal of research along with numerous discussions within the County team, our final decision was that if we were to appeal it would be granted as the case was incorrectly decided. The year prior we had many successful appeals despite their notoriety for being challenging, our experience has granted a relatively high success rate giving us confidence when dealing with cases of a similar nature.
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With any client we endeavour to develop a close relationship, such as in this case, to ensure that our clients feel secure and valued throughout the duration of the case. We had worked with this particular client closely before and they instilled their confidence in us as a result of our rapport and constant communication. We make ourselves available to all clients on a round-the-clock basis to deliver information, discuss updates in accordance with the case and alleviate any queries.
