Skip to Main content

Search results for ''...


Sorry, there were no results

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

General Private Client UpdatesGeneral Commercial UpdatesConstruction UpdatesCourt of Protection UpdatesAgriculture & Rural Affairs UpdatesCommercial Property UpdatesEmployment UpdatesDispute Resolution UpdatesCorporate & Commercial UpdatesCharities & Not for Profit UpdatesFood & Drink UpdatesEducation UpdatesTransport & Logistics UpdatesFamily Business & Owner Managed Businesses Updates

I agree to be ‘opted in’ to receive Thomson Snell & Passmore newsletters, event invitations and other publications that are related to the subject matter of this event or my industry sector. I understand that this means they will send me these communications by email

I agree

If you want to update what types of information you want to receive from us, or if you wish to stop receiving these communications, you can do so ay any time using the following link: or emailing us at .

We respect your privacy, information you submit to us will be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

General Private Client UpdatesGeneral Commercial UpdatesConstruction UpdatesCourt of Protection UpdatesAgriculture & Rural Affairs UpdatesCommercial Property UpdatesEmployment UpdatesDispute Resolution UpdatesCorporate & Commercial UpdatesCharities & Not for Profit UpdatesFood & Drink UpdatesEducation UpdatesTransport & Logistics UpdatesFamily Business & Owner Managed Businesses Updates

I agree to be ‘opted in’ to receive Thomson Snell & Passmore newsletters, event invitations and other publications that are related to the subject matter of this event or my industry sector. I understand that this means they will send me these communications by email

I agree

If you want to update what types of information you want to receive from us, or if you wish to stop receiving these communications, you can do so ay any time using the following link: or emailing us at .

We respect your privacy, information you submit to us will be treated in accordance with our & .

  • Overview

    A recent decision in the Senior Court’s Cost Office has reminded litigants of the importance of proportionality of costs in legal proceedings.  The case was a personal injury claim which settled for just over £3,000.  However, the Claimant’s solicitors’ bill of costs was for in excess of £70,000.  The Costs Judge decided that the bill was disproportionate and reduced it by two thirds.

    In making his decision, the Judge outlined that it was important for parties to carry out an assessment at the beginning of a claim to determine its likely value, the complexity of the issues involved and the appropriate level of work on the matter.   This is something parties need to be mindful of as courts increasingly consider proportionality and move towards a fixed cost model.

    It is an unfortunate fact of life that using the legal system can be an expensive process, and there is always a risk where the costs of pursing an action may exceed the amount in the dispute, as readers of Dickens’ Bleak House will be familiar with.  In our experience, it is important to carefully review the value of a claim to consider if the costs of proceeding using professional representation will be proportionate.

    This case outlines the importance of taking good quality legal advice at the outset of the matter to determine the key issues in a claim and the appropriate course of action to take.  A solicitor can also advise you on any funding options available. Just because a claim may be disproportionate to pursue to trial, this does not mean that it cannot be resolved using legal representation. 

    A good solicitor can give you decent advice about the prospects of success, and assist with pre-action correspondence and negotiations between the parties with a view to achieving settlement of the matter before proceedings need to be issued.  Certain steps can be taken to put pressure on an opponent to resolve the matter and the courts encourage parties to settle at any stage.  We have achieved settlement for many clients on matters before the issue of formal court proceedings, where it would have almost certainly been disproportionate to pursue a claim to trial. 

    If you have any questions arising from the above article, please contact Alison Antill, a Solicitor in the Dispute Resolution team on alison.antill@ts-p.co.uk or 01322 623700.

  • Related Services

    Dispute Resolution

    Our objective is to achieve swift, realistic results in the most cost efficient and risk free manner possible. Our Dispute Resolution team specialise in resolving a wide range of disputes for individuals.  

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

General Private Client UpdatesGeneral Commercial UpdatesConstruction UpdatesCourt of Protection UpdatesAgriculture & Rural Affairs UpdatesCommercial Property UpdatesEmployment UpdatesDispute Resolution UpdatesCorporate & Commercial UpdatesCharities & Not for Profit UpdatesFood & Drink UpdatesEducation UpdatesTransport & Logistics UpdatesFamily Business & Owner Managed Businesses Updates

I agree to be ‘opted in’ to receive Thomson Snell & Passmore newsletters, event invitations and other publications that are related to the subject matter of this event or my industry sector. I understand that this means they will send me these communications by email

I agree

If you want to update what types of information you want to receive from us, or if you wish to stop receiving these communications, you can do so ay any time using the following link: or emailing us at .

We respect your privacy, information you submit to us will be treated in accordance with our & .

^
Jargon Buster