Matthew Hoe considers if Roman v AXA Insurance is the tip of the preservation of costs’ iceberg
- Roman v AXA Insurance: is it always possible to preserve rights to costs after a personal injury claim has moved from one firm to another?
It’s a time of upheaval and market consolidation. Personal injury claims often move from one firm to another. Firms should be on the lookout to preserve rights to costs, but the recent case of Roman v AXA Insurance (13 December 2018, County Court at Central London) might be the tip of the iceberg in showing that isn’t always achieved.
There is doubtless a raft of reasons why solicitors may cease to act. For one, the 2013 reforms gradually prompted several firms to make a commercial decision to leave the personal injury market. But those file moves were happening long before 2013, and in costs assessments they were not probed too hard. It was moves that straddled the 2013 reforms which increased the focus. Paying parties were perturbed that the new solicitors for receiving parties sought to
