The Issues

The defendant, Mr Leighton Jones, was co-tenant with Ms Gibson and they brought a claim for disrepair against their landlord, Mr Francis, who then counterclaimed for rent arrears.

Mr Jones & Ms Gibson’s Solicitor obtained ATE Insurance from the claimant, ARAG Plc, for Ms Gibson only.

Following judgment of their housing disrepair claim, The defendant and Ms Gibson were ordered to pay their landlord's costs which were eventually agreed at £40,000.

The Solicitor submitted a claim on the ATE policy however they then ceased acting for both Mr Jones and Ms Gibson, who subsequently instructed Robertson’s Solicitors.

The claimant paid Mr Francis’ costs on 20 March 2019 and on or around the same date, they also paid £1,200 to a firm of costs lawyers who they had instructed.

On 14 June 2019 proceedings commenced and the claimant was claiming a contribution from the defendant of one half of the costs (£20,000) and one half of the costs draftsman’s fee (£600 inc of VAT).

HHJ Keyser QC determined that there were three issues to be considered:

1. “Did the facts give to Ms Gibson a cause of action for a contribution from the defendant?”
2. “…Is a claim on that cause of action barred by limitation of time?”
3. “ If a claim for contribution is not statute-barred, is the claimant entitled to bring the claim?”