On the facts, the Judge had been entitled to apportion costs in line with the Claimant’s liability in a road traffic accident as he had had proper regard not only to the Claimant’s claim, but also the Defendant’s notional cross-claim; the exercise of his discretion could not therefore be criticised.
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Entries by Toby Moreton
A retrospective success fee in a retrospective conditional fee agreement was not contrary to public policy.
This is an important decision concerning the recoverability of costs incurred during an inquest in later civil proceedings. It affects clinical negligence, personal injury and HRA practitioners alike. TMC were instructed by Hodge Jones & Allen in the case of Roach and attended before Master Hurst on the assessment of costs. Andrew Post of Hailsham Chambers represented them on the Claimants’ successful appeal to the High Court.