Brown & Ors v Russell Young & Co (a firm), Court of Appeal - Supreme Court Cost Office, April 12, 2006, [2006] EWHC 90055 (Costs)

Reporting Judge: [2006] EWHC 90055 (Costs)

President: Brown & Ors v Russell Young & Co (a firm)

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Extract

Brown & Ors v Russell Young & Co (a firm), Court of Appeal - Supreme Court Cost Office, April 12, 2006, [2006] EWHC 90055 (Costs)

Claim No: BS307107, SCCO ref: 53R/2005;CW0406715/720

Neutral Citation Number: [2006] EWHC 90055 (Costs)

IN THE BRISTOL COUNTY COURT

On appeal from Master Wright

sitting as a Deputy District Judge

of the Bristol County Court

Clifford's Inn, Fetter Lane

London, EC4A 1DQ

12 April 2006

Before :

SENIOR COSTS JUDGE HURST

Sitting as a Recorder

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Between :

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Mr Dubbery (instructed by Burroughs Day ) for the Appellants

Mr Justin Fenwick QC (instructed by James Chapman & Co) for the Respondents

Hearing date: 31 March 2006

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Judgment

Master Hurst :

BACKGROUND

1 The background to this appeal, is set out by Master Wright in his judgment of the 2 August 2005:

"1.Claimants in these test cases are former coal miners who suffered Vibration White Finger ("VWF") whilst employed by British Coal. They, along with more than 100 others, instructed the Defendant firm to act for them in their personal injury claims against British Coal.

2. Between 1997 and 1998 the Defendant advised the various Claimants to settle their claims at amounts which are alleged to have been below their true value and without waiting for an important Court of Appeal test ruling. This would, the Claimants allege, have given them a more favourable Handling Agreement ("the 1...

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