i-law

Litigation Letter

TAG cases settled

Sharratt v London Central Bus Company and other cases SCCO 16 February

The long-awaited hearing before the senior costs judge following the decision of the Court of Appeal did not take place because, following mediation by Lord Browne-Wilkinson, agreement was reached in relation to the compliance issues. Pursuant to the mediated outcome, TAG panel solicitors’ costs on cases that had been held pending the outcome of the test litigation are to be settled subject to a discount of 25% being applied to agreed/assessed base costs in the bulk of the cases. This discount does not apply where the TAG panel solicitor himself promptly gave the requisite advice under regulation 4 of the CFA Regulations 2000. It was also agreed that the individual claimants would not be asked to pay the shortfall in their costs. Other recovery issues remain outstanding and are due to be heard in the Court of Appeal in late April unless these too are settled.

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