Thursday, 16 August 2012


We are now seeing the first budgeted cases coming to fruition. In Birmingham yesterday HH Judge Simon Brown QC gave judgement in a restaint of trade claim brought by a company called Safety Net. Whilst as yet unreported i anticipate it will be. The learned Judge found for the claimant which had budgeted at £25,000. He awarded the victor costs of £24,000 there and then , thus avoiding the costs of costs ( detailed assessment ) and directed that they be paid in 14 days so that by the end of august everything will have been put to bed when judgment was but delivered on the 15th of the month.
The transcript also threw up a textbook damages based example for next year.The claimant , perhaps out of caution , limited the claim to £50,000 which was duly awarded. The gross value of the claim was about £150,000. It would not surprise me if an award of , say , £100,000 might have been achieved.Next year the claimant solicitors could take the risk on for 40%. Both they and the client would be better off.