Royal Devon and Exeter NHS Foundation Trust v Acres: QBD 22 Mar 2013

The defendant challenged the use by the claimant of solicitors from Central London in her claim for personal injury. She was a radiographer, and her work involved exposure to dangerous materials, though in this case it arose from use of machinery restricing her movements. Her union had recommended her to use a firm local to her in Devon, which she did but she changed on them deciding no to continue. The claim had been settled at a much lower level that she was advised it was worth, but her health would not sustain litigation.
Held: The appeal succeeded. The question was as to the decision to instruct the London solicitors, not the rates charged. The judge had erred. He should have looked at the situation at the time when the decision to move to the central London solicitors was made. The existing solicitors had declined to act. The member was entitled to obtain a second opinion, and it was proper when doing so to take that opinion in London.
Cranston J
[2013] EWHC 652 (QB)
Bailii
Citing:
CitedTruscott v Truscott; Wraith v Sheffield Forgemasters Ltd CA 31-Jul-1997
Mr Truscott (T), from Tunbridge Wells instructed local solicitors in county court proceedings about a maintenance payment order involving his ex-wife. Dissatisfied with his local solicitors he instructed a small firm of solicitors in central London. . .
CitedSmith v Buller 1875
The plaintiff in a patent case had failed, and now objected to the amount of costs claimed by the defendant.
Held: Sir R Malins V-C said: ‘It is of great importance to litigants who are unsuccessful that they should not be oppressed by having . .
CitedSimpsons Motor Sales (London) Ltd v Hendon Corporation 1965
The paying party under an order for costs objected to the amount of leadig counsel’s fees.
Held: Pennycuick J discussed Rule 28(2) and the Smith -v- Bullins Case: ‘The words ‘or proper for the attainment of justice or for enforcing or . .
CitedRegina v Dudley Magistrates’ Court, ex parte Power City Stores Limited and Another CA 1990
The defendant sought to recover the cost of employing leading counsel to defend him in the magistrates court after succeeding. The magistrates had disallowed the costs of leading counsel.
Held: The fact that the defendant could have obtained . .
CitedKPMG Peat Marwick McLintock v The HLT Group QBD 18-Mar-1994
The plaintiffs claimed for professional fees, and the defendants counter-claimed alleging negligence. The plaintiffs obtained summary judgment under Order 14 with an order for costs on the standard basis, to be taxed if not agreed. The plaintiffs . .
CitedG v G (Minors: Custody appeal) CA 1985
A court should take great care before setting aside a decision of a judge which had involved the exercise of a judicial discretion. The court considered the duty of an appellate court in a children case: ‘What this court should seek to do is to . .

These lists may be incomplete.
Updated: 01 May 2021; Ref: scu.471970