Myatt and others v National Coal Board (No 2): CA 16 Mar 2007

The parties had been involved in compensation claims. Complaint was made that the solicitors had recovered fees for action which substantially was intended to benefit the solicitor. The conditional fee agreements had been found to be unenforceable. At stake for each client was about pounds 2,500. At stake for the solicitors was pounds 250,000.
Held: The court did have jurisdiction to order solicitors in such a case to contribute to the costs of the other side. They should in this case pay 50% of the respondents costs.
[2007] EWCA Civ 307, Times 27-Mar-2007, [2007] 4 All ER 1094, [2007] PNLR 25, [2007] 1 WLR 1559, [2007] 4 Costs LR 564
England and Wales
Appeal fromMyatt, Ellis, Edwards, Rodger v National Coal Board SCCO 12-Aug-2005
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CitedSymphony Group Plc v Hodgson CA 4-May-1993
Nine rules were set out for allowing a costs order against someone who is not a party to the action. Such orders should be exceptional. The normal rule is that witnesses in either civil or criminal proceedings enjoy immunity from any form of civil . .
CitedDymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2) PC 21-Jul-2004
PC (New Zealand) Costs were sought against a non-party, following an earlier determination by the Board.
Held: Jurisdiction to make such an order was not complete. Where the order sought was against a . .
CitedTolstoy-Miloslavsky v Aldington CA 27-Dec-1995
Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who . .

These lists may be incomplete.
Updated: 21 April 2021; Ref: scu.251399