Case Studies

Posted July 10, 2015 - in

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Oracle has vast experience in legal cost matters and aims to provide the very best representation to all of our clients. We work in partnership with law practices and solicitors to present a true reflection of work that has been carried out, so together we can come to a satisfying conclusion.Take a look at the case studies below to see the success our clients have had thanks to hard work from our team.

Watson v Johnson

At a time when leading defendant insurers were challenging any form of recovery of ATE insurance premiums, which had settled whilst still in the rapid portal, Oracle proceeded to detailed assessment on behalf of a professional client wanting to recover a disputed ATE premium.

Oracle were the first-known company to be successful at detailed assessment on this issue, recovering the premium in full, together with the claimant’s cost of assessment.

Liverpool ATE test cases

Following the Watson case, a tranche of matters were brought before the regional costs judge in Liverpool. Insurers argued that recovery of a block-rated insurance premium in portal matters was unreasonable.

Oracle ran a test case in this tranche and were successful before the regional costs judge, resulting in recovery of the disputed premium and the claimant’s costs of the process.

LEI-ATE test cases

Despite an end to widespread recoverability of these policy premiums on an inter-partes basis, scores of cases continue to rumble on, with defendant insurers arguing premiums are unrecoverable, due to the presence of LEI cover. Oracle has built its expertise in the field of disputed ATE insurance premium recoveries, and are always at, or near to, the ‘coal face’ of the legal landscape in this area.
We were approached by a considerable number of clients who wanted to recover these items from insurers, as well as the costs of doing so. Oracle has been successful in a significantly large number of these cases, and the firm has conduct of a number of further cases before a regional costs judge. Once again these look set to blaze the trail in recovery of these disputed items.

Stanton v Walker

Oracle conducted a successful appeal at the Chester County Court, following a provisional assessment of the claimant’s bill of costs. The claimant had beaten all formal offers advanced before the assessment, but following the result, the defendant sought reliance on a further offer which had not been beaten. However, this offer was made without prejudice and referred to as ‘off the record’. The judge at first instance had awarded the defendant their costs, on the strength of this later offer not having been bettered.
We successfully appealed the decision based upon the fact this without-prejudice communication could not be relied upon. The original order was overturned, and the claimant recovered the costs they incurred during the original assessment and costs of the appeal were also recovered.

Morgan v Freebird Coaches

Oracle conducted an appeal on behalf of a client solicitor prior to the 2010 reforms to the RTA pre-action protocol. Having successfully recovered counsel’s fees for advice on quantum in an infant claim under the old ‘predictive costs’ regime, those representing the defendant opted to appeal the decision of the district judge.
On appeal, the original decision was upheld and Oracle recovered the costs of assessment, as well as those of the appeal.

 

Oracle is here to help

If you require assistance with any of the matters discussed in our case studies, or would like further information on any of the issues our legal costs team has dealt with, call us on 01744 762 010.

Alternatively, you can send us an email, or request a call back by completing the form on the right-hand side of the page and a member of the team will be in touch with you as soon as possible. With offices in St Helens and Chester, we serve many clients across the North West, and are able to offer our services across the UK.