Firm faces 4,000 costs as court fuels negligence battle

The Court of Appeal last month set aside five District Court orders and ordered Sheffield firm Irwin Mitchell to pay costs of 4,000 to a litigant in person, paving the way for her to pursue a negligence claim.

Lord Justice Rix said in his judgment that the case - Irwin Mitchell v Smita Patel - illustrated the 'sorry state into which litigation may descend if the parties and the court impose upon themselves an excess of formalism'.

The case was originally brought by Irwin Mitchell in November 2000 against its former client, Smita Patel, for the recovery of fees of 6,000.

These were allegedly unpaid by Ms Patel after she stopped using Irwins in 1999 because she was unhappy at the firm's conduct of an employment tribunal claim for her.

Ms Patel counterclaimed damages of at least 173,000 for alleged negligence by the firm.

But procedural errors dogged the case.

These followed an order wrongly made in the Central London County Court in 2001.

This and four subsequent orders - which led to Ms Patel's counterclaim being struck out - were set aside.

Irwin Mitchell's solicitors, Oxford-based Henmans - which acted in the appeal - declined to comment.

Ms Patel said: 'It seems that the Central London County Court is inundated with cases and administrative mistakes arise as a result.'

Jeremy Fleming