£17,500 Costs Order on the Small Claims Track: Poor Mr Boswell

13th January 2023

3PB Barristers’ (3 Paper Buildings) Ashley Blood-HalvorsenAshley Blood-HalvorsenCall: 2017 discusses the case of Reed v Boswell (2022), a recent case involving a dispute between landlords over a common tenant, in which she represented the Defendant.

The case in question saw the Claimant Mrs Reed bring a claim against Ashley’s client Mr Boswell alleging that he had given a ‘favourable’ reference for his tenant Mr Fernandes, who was to take up a tenancy from Mrs Reed. Mr Fernandes had caused damage to Mr Boswell’s property – unknown until he vacated the property – and subsequently caused likewise damages to Mrs Reed’s property. Mrs Reed’s claim was for unparticularised losses amounting to £8,833.92.

Mrs Reed was ultimately unsuccessful in her claim and the defendant was awarded a Costs Order to cover £17,500 of the roughly £25,000 legal costs – a relatively unprecedented amount given its allocation to the small claims track. Also rather unusually there were three expert reports commissioned during the course of proceedings.

Ashley’s article expertly lays out the proceedings of the case, using the case as an opportunity to offer advice to potential parties who are bringing or defending cases based on dishonesty, and legal representatives who are dealing with a difficult litigant in person.

To read Ashley’s full analysis of Reed v Boswell, please click here

To read District Judge Lumb’s written judgment in Reed v Boswell, please click here

Ashley Blood-Halvorsen is a specialist business and property disputes barrister, with a particular emphasis in property and estates, contentious probate and commercial litigation.

To contact or instruct Ashley, please contact her clerk Sam Collins or telephone 0121 289 4333.