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Successful Mitchell Judgment for Rosling King and Webb Resolutions

Robyn Hall

January 22, 2014

Rosling King LLP, solicitors who specialise in serving the needs of banks, won a case with Webb Resolutions against e.surv Limited in April.

E.surv, a company of chartered surveyors providing property evaluations, sought to appeal the decision which was initially refused, but eventually after three months their solicitors, Just Costs, were given permission to appeal.

In his judgment, Mr Justice Turner criticised the conduct of e.surv’s representatives, Just Costs Solicitors.

Turner said: “Representations made to [Blair J] were phrased in such a way as to camouflage the real period of delay.”

He added that comments made by Just Costs’ advocate were “simply wrong,” and that the “unintended impact of [Just Costs’ advocate’s] representations was such as to mislead the Court in a material respect.”

Turner upheld Webb Resolutions Limited’s application to set aside the order and awarded Webb the full costs of £24,344.55.


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