Re Application for Wasted Costs, Court of Appeal - Technology and Construction Court, March 13, 2003, [2003] EWHC 822 (TCC)

Reporting Judge: [2003] EWHC 822 (TCC)

President: Re Application for Wasted Costs

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Extract

Re Application for Wasted Costs, Court of Appeal - Technology and Construction Court, March 13, 2003, [2003] EWHC 822 (TCC)

Case number: HQ 0005270

Neutral Citation [2002] EWHC 822 (TCC)

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

TECHNOLOGY AND CONSTRUCTION COURT

Date: 13 March 2003

BEFORE

HIS HONOUR JUDGE BOWSHER Q.C.

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In the Matter of an Application for Wasted Costs

In an action:

BETWEEN:

MOHAMMED AFZAL

Claimant

AND

CHUBB GUARDING SERVICES LIMITED

FORMERLY CHUBB WARDENS LIMITED

Defendant

AND

ILLIFES BOOTH BENNETT

Respondents

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For the defendant/applicant: Lawrence West (Davies Arnold Cooper) solicitors)

For the respondent: Nicholas Baldock (Kennedys, solicitors)

Dates of hearing: 14 February, 6 March, 2003.

Date of judgment: 13 March, 2003

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JUDGMENTThe judgment of His Honour Judge Bowsher Q.C. is as follows:

1. The application before me is made by the defendants in this action against the solicitors who formerly acted for the Claimant.

2. This action was brought with the assistance of Legal Aid by the claimant suing by his litigation friend, his wife, Nagina Afzal.

3. He claimed damages for personal injuries allegedly suffered in the course of his employment by the defendants as a security guard. It is alleged that he was attacked while on duty.

4. The action was started on 25 August, 2000. On 4 April, 2001, the late Master Murray, against the wishes of both parties, ordered the trial of a preliminary issue as to whether or not the claimant is a patient within the meaning of the Mental Health Act, 1983. On appeal, Buckley J. ordered the trial of different preliminary issues, namely:

(a) Did the claimant suffer any psychiatric and/or psychological injuries as a result of the alleged attack?

(b) If so, does he still suffer and to what extent?

(d) Was the claimant at the date of the issue of the proceedings a person under a disability within the meaning of Part 21 of the Civil Procedure Rules?

(e) If so, is he currently a person under such disability?

5. On 11-13 March, 2002, I tried those preliminary issues. On 22 March, 2002 I gave judgment making findings that resulted in my revoking the appointment of Nagina Afzal as litigation friend. On the same day I was told that the defendants wished to apply for a wasted costs order against the claimant's then solicitors, Iliffe Booth Bennett (IBB).

6. On 22 March, 2002, I also orde...

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