Successful Application to Vary Costs Order in a Multi-Track Claim

Rachel was instructed on a Direct Access basis by the Defendant in a multi-track Personal Injury claim and attended the Pre-Trial Review (PTR) hearing on behalf of her client.

The Defendant had been unable to obtain availability for his expert witness but the Circuit Judge insisted on fixing the date for trial in any event. In order to protect her client’s position Rachel made sure that she explained to the Judge the efforts her client had gone to in order to obtain availability and specifically stated in open court that she was content to fix the trial date on the basis that there would be no issues for her client should he need to apply to vacate the trial date.

Very shortly after the hearing date the expert witness notified the Defence that he would in fact be unavailable for trial. Rachel immediately informed the Claimant’s barrister of the situation and advised her client about what he should do next. An application to vacate the trial date was made and was granted but with an Order that the Defendant pay costs to the Claimant in the sum of some £13,500.

Rachel represented the Defendant at a hearing of their application to vary the costs order. She had advised the client to obtain the transcript of the PTR hearing and relied on both the transcript and also the fact that she had immediately informed the Claimant’s barrister of the problem to persuade the Judge that the costs order should be varied. Thanks to her attention to detail, Rachel was successful, and her proactive approach to the case in general was instrumental in the very positive outcome for her client.