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On 14 April 2021 I ordered that the case of Rhys Edwards together with nine other cases chosen in equal numbers by the claimants� solicitors, Clear Legal Ltd trading as Checkmylegalfees.com (�Clear Legal�) and the defendant should be heard together and in advance of the other 134 or so cases brought by Clear Legal on behalf of their clients against the defendant.
I have recently given a decision in respect of another claim against the defendant (Raubenheimer v Slater & Gordon UK Limited SC-2021-APP-000734) which concerned a Part 18 Request regarding the ATE policy taken out by the claimant. Similar part 18 requests have been raised in at least some of these cases and Robert Marven QC, leading counsel for the defendant, raised the prospect of an appeal in that case or alternatively separate proceedings commenced in the Chancery Division having an effect on these cases.
I will deal with the Claimant�s application for disclosure first.� I have not overlooked the fact that the defendant�s application is primarily for a stay of these proceedings and if that application is successful then it would not be appropriate for a direction regarding disclosure to take effect. But the Claimant�s application sets the scene for the defendant�s applications and so I have dealt with the applications in the order in which submissions were made at the hearing,
In these cases the claimants have apparently been provided with what is described as �time-limited� inspection facilities and, given the similar fashion in which the cases have been dealt with, that would usually be sufficient to enable focused points of dispute to be produced.
However, the essence of these claimants� challenges concern the signing up process and as such the documentation on the clients� files is only of limited relevance. Having obtained a copy of an audio recording of the signup of a Mr Turnbull, the claimants make allegations about the signing up process and which, on the claimants� case, affect the costs that can properly be claimed from them. Since all the invoices have been paid by deduction from damages recovered, the claimants say that they should be entitled to a refund of monies that have been paid to the defendant.
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