The ‘Somatra’ was lost at sea. The insurance claim had been refused on the basis that the ship was unseaworthy. The owners came to instruct the appellant solicitors to represent them in the insurance claim. Having lost confidence in the solicitors, they had to change solicitors shortly before the trial, and said they were unable to claim the 75% of their claim they would have settled for at trial. The solicitors appealed against an award of the difference between that sum and the sum actually received.
Held: The appeal failed. There had been a clear chance of settling at the figure claimed.
The judge was entitled to make the award of costs he had ordered because of his findings as to the behaviour of the solicitor-partner involved.
Judges:
Schiemann, Tuckey, Longmore LJJ
Citations:
[2003] 2 Lloyd’s Rep 855, [2003] EWCA Civ 1474
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – ABCI v Banque Franco-Tunisienne and others CA 27-Feb-2003
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ . .
Cited – Home Office v Lownds (Practice Note) CA 21-Mar-2002
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate.
Held: In such . .
Cited – Somatra Ltd v Sinclair Roche and Temperley CA 28-Mar-2003
. .
Cited by:
Main Judgment – Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Documents) CA 23-Oct-2003
The court refused an application for further documents to be disclosed, the application being made on the day before the hearing of the appeal. . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Damages
Updated: 08 June 2022; Ref: scu.187061
