Hunt v Annolight Ltd
Douglas Denton recently acted for one of the Defendants in an appeal in the High Court in Birmingham in the case of Hunt v Annolight Ltd.
Mr Justice Saini dismissed the Claimant’s appeal from the Order of His Honour Judge Godsmark QC and held that the Court did have jurisdiction to require a solicitor to attend Court for cross examination in respect of a wasted costs application following a discontinuance of a noise-induced hearing loss case. The Judge held that CPR r.46.8 did not exclude the court’s power under CPR r.32.7 to require anyone who gives evidence in writing (other than a trial) to attend for cross-examination.
The decision will be of relevance to any defendant solicitors seeking to recover wasted costs from claimant firms in similar cases.
The judgment can be read here.