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Provisional assessment casts doubt on solicitors' claim for "shortfall" costs against protected party (SCCO)
Practical Law UK Legal Update Case Report w-033-9121 (Approx. 3 pages)
Provisional assessment casts doubt on solicitors' claim for "shortfall" costs against protected party (SCCO)
In BCX v DTA [2021] EWHC B27 (Costs), in a provisional assessment, the SCCO considered a claim by solicitors for "shortfall" costs against their client, a protected party (P) whom they represented in personal injury proceedings. The court's assessment (under CPR 46.4 and 46.9) of the reasonable sum that P was required to pay his solicitors was less than the personal injury defendant had agreed to pay for P's costs. Therefore, the court was not satisfied that P should make any payment regarding the "shortfall" claim. It also gave general guidance on "shortfall" claims against protected parties.
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Resource ID w-033-9121© 2024 Thomson Reuters. All rights reserved.
Published on 05-Jan-2022
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales