Edwin Buckett successfully defends Thompsons solicitors

News | Thu 29th Oct, 2015

On the 28th October 2015, Mrs Justice Laing dismissed an appeal by the Claimant from an order of the Designated Circuit Judge at Central London County Court in the case of Fahy-v-PCS Union and Thompsons Solicitors (Lawtel AC9401825).

The Claimant sought an adjournment of a professional negligence trial after her former solicitors had come off the record about two months before trial. Her application to adjourn was made a week before trial, but listed on the morning of the trial. The trial judge granted her application but ordered that she pay the costs thrown away by the adjournment within 30 days, failing which the case would be struck out. The judge made a number of comments as to the merits of her case and did not carry out any assessment of her financial circumstances

Whilst noting the order to be ‘tough’, Laing J., decided that the order was within the bounds of the Judge’s discretion under CPR 3.1(3) and dismissed the appeal.

Edwin was instructed by John Bradley of Reynolds Colman Bradley.

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