Prima Facie 'Fraudulent' Costs Claims Not to Be Struck Out Without Trial - Alex Bagnall, Just Costs Solicitors
14/12/15. The Court of Appeal has dealt with the question of how Courts should handle with allegations of the fraudulent misclaiming of costs where there is strong prima facie evidence in support of the allegations. In Alpha Rocks Solicitors v Alade [2015] EWCA Civ 685 the Defendant had been a client of the Claimant firm of solicitors in relation to a number of disputes. The Defendant had sought to challenge the costs that had been billed to him. Two of the bills raised by the Claimant had caused the Defendant particular concern.
The first related to a County Court claim brought against the Defendant by his brother (“the Rufus Claim”) in which the costs were said to be £131,514.56. The second related to a claim brought against the Defendant by his wife before the Adjudicator to HM Land Registry (“the Catherine Claim”) in which costs were said to be £43,732.50.
It was the Defendant’s position that the Claimant’s case was based on documents which had been fabricated and that the bills included time which had been deliberately exaggerated. The Defendant had considered that the claims for costs were so tainted by the Claimant’s misconduct that they should be struck out...
Image ©iStockphoto.com/firebrandphotography
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
