201030 Dressing up Costs as Claimed Damages

30/10/2020 to Jim O’Sullivan @ highwaysengland.co.uk, the Authority’s CEO

Subject: dressing up costs as claimed damages

Dear Mr O’Sullivan,

We receive sub-£10,000 DCP matters from Kier Highways who place all such claims with Shakespeare Martineau solicitors (Corclaim), your lawyers.

With below £10,000 claims, court fees and fixed costs are recoverable following issuance.  Proceedings are issued in the name of Highways England.

Therefore, Corclaim basis of remuneration incentivises issuance of proceedings over compliance with pre-action protocol.  It appears that various ‘uplifts’ and ‘management fees’ are applied by Kier so as to cover legal costs, which would of course be a serious breach of professional ethics;  dressing up costs as claimed damages.

Accordingly we should be grateful if you would clarify the basis of your lawyers remuneration for sub-£10,000 matters, failing which we intend to raise a formal complaint that Corclaim are, in your name, are acting without legitimate authorisation in conducting litigation on behalf or Kier Highways and/or Highways England with hidden costs included.

The attention (lack of) to the above can be read here