Costs
Forster v Reynolds Porter Chamberlain LLP [2023] EWHC 1150 (Ch), [2023] All ER (D) 59 (May)
The Chancery Division allowed the claimant’s claim. She had brought proceedings against her former solicitors, who had acted for her under a conditional fee arrangement, seeking damages for loss caused by alleged breaches of duty. The court held that the priorities of the conditional fee arrangement had been varied by agreement reached outside court. Further, the claimant had lost the chance to enforce a Tomlin order. That chance had been worth £192,500, and judgment would be entered in her favour for that sum.
Jurisdiction
A grantor v A grantee[2023] UKUT 23 (LC), [2023] All ER (D) 69 (May)
The Upper Tribunal (Lands Chamber) considered whether it had jurisdiction to award costs in circumstances where it had acted as an arbitrator and had allowed the claimant landowner and grantor’s claim for compensation for ‘injurious affection’. The Upper Tribunal refused the respondent, the grantee’s, argument that the tribunal had had no jurisdiction to award costs against it. The respondent was the current owner
