A spate of Interesting Cases PDF Print E-mail

There has been a recent spate of interesting cases which should be considered in their relevant areas. Should anyone wish additional information other than that shown please contact us. This basically is an aide memoir for further research and enquiry in specifics.




  • Family Ancillary Relief



Protecting inherited assets.



Robson –v- Robson 2010 EWHC 1171


This is a Court of Appeal decision which defines the factors to be considered in regard to dealing with inherited assets. See also the cases of:



N – v- N 2010 EWHC 717 (fam)


K –v- L 2010 EWHC 1234 (fam)




  • Domestic Violence



The definition of violence abuse has been widened by the Court see Yemshaw –v- London Borough of Hounslow and reference to section 177 (1) of The Housing Act 1996




  • CFA backing



The decision in:


Sibthorpe and Morris –v- London Borough of Southwark.


This found that a solicitor indemnifying client against adverse costs was legal and not champertous.




  • Success Fee



Campbell –v- MGN (MGN Ltd –v- United Kingdom)



Entitlement to a success fee. Impact and contradictions in article 6 and article 10. (See Success Fee Law Society Gazette 03.02.11 page 21 – Costs Counsels Comments)


(see also Mark Friston (Counsel) of King Street Chambers, Manchester and comments by 4 New Square Chambers, London on the significance of this case)



Since that decision the Court of Appeal has handed down the matter of Sousa –v- London Borough of Waltham Forest 2011 EWCA CIV 194



This followed the House of Lords decision in Campbell – v- MGN (2) 2005 UKHL 61 and see above in respect of the European Court of Human Rights decision.



Percentage level of success fee have been in the courts recently. The level where liability conceded seems now to be set at 20%. See:



C –v- W 2008 EWCA CIV 1459


Fortune –v- Roe 2010 EWHC 90180 (costs)




  • VAT



A decision of the tribunal Barratt, Goff & Tomlinson –v- The Commissioners for Her Majesty’s Revenue & Customs Respondent and the Law Society intervener. A case showing where VAT should be added to and not charged on hospital/GP notes and restricting VAT to that which is charged.




  • Interest


Decision from the Liverpool County Court before His Honour Judge Stewart QC Gray –v- Toner 11th November 2010, deals with interest recoverability and the time for presenting full detailed assessment.