MANUEL CLEMENTE HERON (Claimant/Interested party) v (1) TNT (UK) LTD (Appellant/Defendant) (2) MACKRELL TURNER GARRETT (A FIRM) (Respondent) (2013) EWCA Civ 469 – CA (Civ Div)
A judge had been right to refuse an employer’s application for a non-party costs corder against its employee’s solicitors, instructed on a conditional fee agreement, in a personal injury claim he had brought against it. The employer had not shown that in failing to obtain ATE insurance for the employee, the solicitors had become a “real party” to the litigation.
Hafezis comments :
It’s thought by many including me that it is negligence on solicitors part to advise client to run a claim without insurance cover. A client would have a good chance to pursue his lawyers for costs he may have to pay his opponent. The Court appear to indicate that if the claimant persued his lawyers for these fees that’s another matter