Consent Order 16 February 2004

O R D E R To Claimant’s Solicitor

SENIOR COSTS JUDGE HURST

UPON the application of the Claimants’ Solicitors and the Defendants’ Solicitors

IN RESPECT OF what has been designated by this Court by order dated 30^th September 2003 as the TAG Test Cases Tranche 3

AND BY CONSENT IT IS ORDERED THAT:

1. Where the Claimant’s solicitor, acting in a matter on behalf of a client of The Accident Group (TAG) –

a) alone or in addition to the TAG representative, gave the Claimant the advice required under Regulation 4 Conditional Fee Agreement Regulations 2000 (CFAR) before the Claimant signed the CFA; or

b) alone or in addition to the TAG representative, gave the Claimant the advice required under Regulation 4 Conditional Fee Agreement Regulations 2000 (CFAR) after the Claimant signed the Conditional Fee Agreement (CFA), but within 14 days of the date shown on the Insurance Certificate issued to the Claimant;

the Defendant will reimburse the Claimant’s solicitors’ costs, disbursements and Counsel’s fees of the claim and of the detailed assessment process on the standard basis, to be assessed if not agreed.

Where the Claimant’s solicitors seeks to rely on a) or b) above they must in each instance provide to the Defendants a copy of the Insurance Certificate together with a dated copy of the panel solicitors' relevant attendance note (redacted if necessary) recording the Regulation 4 advice provided by them to the Claimant, in default of which the Claimant's costs shall be dealt with in accordance with paragraph 2 below.

2. Where the advice required under Regulation 4 CFAR was not given by the Claimant’s panel solicitors as in paragraph (1) above, the Defendant will reimburse the panel solicitor’s profit costs, disbursements and Counsels' fees on the standard basis to be assessed if not agreed, SUBJECT AS FOLLOWS: –

the Claimant’s agreed/assessed base costs will be reduced by 25%.

3. Where (2) above applies the Claimant’s solicitors will not seek to recover the shortfall in their costs from the Claimant himself.

4. Where (2) above applies, and Detailed Assessment proceedings have been commenced before 4pm on 6^th February 2004:

1. a) the Claimant will be entitled to 75% of the profit costs element of the work done (and 100% of disbursements and Counsels' fees) in those Detailed Assessment proceedings up to 4pm on 6^th February 2004, to be assessed if not agreed;

2. b) the Detailed Assessment proceedings shall be stayed until 4pm on 26^th April 2004 in order that the parties can attempt settlement;

3. c) where the Detailed Assessment proceedings are not settled before 4pm on 26^th April 2004, the costs of the Detailed Assessment proceedings after 26^th April 2004 will follow the event and will be paid at the value agreed or assessed by the costs judge.

5. Where (2) applies, and Detailed Assessment proceedings have not been commenced before 4pm on 6^th February 2004:

1. the Claimant will not commence Detailed Assessment proceedings until after 26^th April 2004;

2. the Defendant will not take any point on late commencement of Detailed Assessment proceedings which would otherwise have fallen due for commencement before 26^th April 2004 provided they are commenced (in default of settlement) by 4pm on 23^rd July 2004;

3. the costs of the Detailed Assessment proceedings issued after 26^th April 2004 will follow the event and shall be paid at the value agreed or assessed by the costs judge.

6. The Defendants will pay 75% of the Claimants' costs of the compliance issues, from 16 June 2003 to date, to be assessed if not agreed.

7. The Claimants will pay 25% of the Defendants' costs of the compliance issues, from 16 June 2003 to date, to be assessed if not agreed.

8. The trial listed for 10 days commencing 16 February 2004 be vacated.

9. For the avoidance of any doubt "Detailed Assessment proceedings" means either 1)the issue of Part 8 costs only proceedings under 44.12A, or 2) service of a notice of commencement based on an entitlement to costs in Part 7 proceedings.

Dated the 16 day of February 2004

Mace & Jones……………………………

For and on behalf of the Claimants to the test litigation

Beachcroft Wansbroughs………………………………….

For and on behalf of those Defendants that they represent in the test litigation

Carters…………………………………………….

For and on behalf of those Defendants that they represent in the test litigation

Vizards Wyeth………………………………………………..

For and on behalf of those Defendants that they represent in the test litigation