Makhsudul Islam in High Court success in a costs dispute between a law firm and its former client
27th January 2025
3PB's commercial litigation barrister Makhsudul Islam (pictured here) acted for the defendant who was pursued by his former solicitors for recovery of its unpaid legal fees, following an alleged breach of contract. The High Court in Birmingham has now confirmed in GT Stewart Limited v Mr Paul Oliver Taylor that a claimant who settled a claim in its favour was not automatically entitled to its costs by virtue of CPR 44.2(2)(a).
Further to a dispute with his solicitors about a shortfall in costs, the defendant terminated his conditional fee agreement (CFA) and instructed a different set of solicitors. This was at a time when the claimant law firm was on the brink of settling his personal injury claim.
After the issue of High Court proceedings for its unpaid legal fees, the claimant law firm settled the claim in its favour. Despite the standard position being the unsuccessful party pays the costs of the successful party, the court departed from this principle due to the claimant law firm’s pre-action conduct.
To read Makhsudul's briefing on the case, please click here.
Makhsudul was instructed by Lawrence Kurt, based in Birmingham, who are an international, multi award-winning law firm dedicated to serving businesses, professionals and families.
To contact Makhsudul, please email him on [email protected]. To instruct him, or see about his availability, please contact Sam Collins by emailing [email protected] or Dave Fielder on [email protected] or by telephoning 0121 289 4333 or 020 7583 8055.