Recovering Fixed ‘Portal Costs’ in Portal Claims: Gavin Edmondson Solicitors Limited v Haven Insurance Company Limited [2018] UKSC 21

In this article, we briefly discuss the judgment of Gavin Edmondson Solicitors Limited v Haven Insurance Company Limited [2018] UKSC 21, which has recently been handed down from the Supreme Court. We discussed the Court of Appeal decision in edition 120 (here), in which the solicitors preserved the right to recover fixed ‘Portal costs’ where portal claims were settled directly between insurers and claimants. We also reported on the intervention of the Law Society in edition 217 (here), who asked:

‘... the Supreme Court to confirm that the equitable lien can be applied to protect solicitors’ rights to their costs in modern litigation; particularly in fixed costs regimes where the indemnity principle does not apply’.

This week, the Supreme Court upheld the Court of Appeal decision to award the respondent costs which it would have been entitled to, but for the appellant settling directly with the six portal claimants. However, the Supreme Court ‘disagreed with the route taken to get there’.[i]

We will provide full case analysis on the reasoning behind the alternative ‘route’ taken by the Supreme Court in next week’s issue of BC Disease News.

 

[i] Neil Rose, ‘Supreme Court upholds decision that third-party capture insurer still has to pay solicitors’ costs’ (18 April 2018 Litigation Futures) <https://www.litigationfutures.com/news/supreme-court-upholds-decision-that-third-party-capture-insurer-still-has-to-be-solicitors-costs> accessed 18 April 2018