Anexo Group PLC Landmark Appeal Success on Recovery of Costs
July 18 2023 - 1:00AM
RNS Non-Regulatory
TIDMANX
Anexo Group PLC
18 July 2023
For immediate release 18 July 2023
RNS Reach
Anexo Group plc
('Anexo' or the 'Company')
Landmark Appeal Success on Recovery of Costs of Interpreters
Anexo Group plc (AIM: ANX), the specialist integrated credit
hire and legal services provider, is pleased to announce that its
legal services subsidiary, Bond Turner, has achieved a
ground-breaking ruling in the Court of Appeal regarding the ability
to claim the cost of an interpreter as a disbursement in a case
wherein fixed costs apply.
Background
Bond Turner's client (the Claimant) was involved in a road
traffic accident in May 2018. He is a Brazilian national with an
inability to give evidence in English. His witness statement was
prepared in Portuguese and, although this was subsequently
translated into English, he required the services of an independent
interpreter to provide translation services before and during the
trial. The translation of such evidence is a mandatory requirement
of the Civil Procedure Rules. A settlement between the parties was
agreed and Bond Turner's recoverable fees were fixed and
uncontroversial. However, the claim for the interpreter's fees was
resisted by the Motor Insurers' Bureau ('MIB') (a private company
which operates to provide victims of accidents caused by uninsured
and untraced drivers with compensation following road traffic
accidents).
Without the Claimant having an independent interpreter present
at the trial, the Claimant would have been precluded from pursuing
his claim. Notwithstanding this, the MIB still argued before the
District Judge at first instance that the fee for an interpreter
should not be awarded as the rules in respect to fixed costs did
not permit recovery of the fee. Thereafter permission to appeal was
afforded and, given the importance of the point generally, the
matter was transferred to the Court of Appeal.
Following a hearing on 18 May 2023 judgment was reserved so the
Court could consider the matter. Judgment has now been handed down
and the Court found unanimously that the fee was recoverable.
The Court of Appeal referred to a report produced by the Civil
Justice Council addressing vulnerability within civil proceedings.
It was asserted that a Claimant who was unable to fully speak or
understand the language of legal proceedings was vulnerable because
"his ability to participate in proceedings, or to give his best
evidence, may be impaired".
This judgment means that Bond Turner and other Solicitors who
act for parties who are vulnerable, by virtue of language, will be
able to recover the costs of an interpreter from the party at fault
for causing them loss and damage.
Alan Sellers, Executive Chairman of Anexo, said: "We are
delighted that the Court of Appeal has recognised the importance of
ensuring that our clients have the best possible opportunity to
pursue their claims fully and clearly, and in doing so have upheld
the ancient common law principle that one should take your victim
as you find them. We specialise in acting for vulnerable clients
and we are dismayed that the defendants would seek to penalise our
clients both procedurally and financially, when the client has been
placed in an invidious position through no fault of their own.
"We continue to believe that the rights of impecunious clients
who are deprived of the use of a vehicle through no fault of their
own, and who do not have the ability to obtain a replacement
vehicle through their own resources, must be respected by all
parties. We are proud of the support we provide in these cases and
welcome this confirmation of the social value of what we do."
A copy of the Judgment can be found here:
https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/838
For further enquiries:
Anexo Group plc +44 (0) 151 227 3008
www.anexo-group.com
Alan Sellers, Executive Chairman
Gary Carrington, Interim Chief Financial
Officer
Nick Dashwood Brown, Head of Investor
Relations
WH Ireland Limited
(Nominated Adviser & Joint Broker)
Chris Hardie / Hugh Morgan/ Darshan +44 (0) 20 7220 1666
Patel (Corporate) www.whirelandplc.com/capital-markets
Fraser Marshall / Harry Ansell (Broking)
Zeus
(Joint Broker)
David Foreman / Louisa Waddell (Investment +44 (0) 20 3829 5000
Banking) w ww.zeuscapital.co.uk
Simon Johnson (Corporate Broking)
Notes to Editors:
Anexo is a specialist integrated credit hire and legal services
provider. The Group has created a unique business model by
combining a direct capture Credit Hire business with a wholly owned
Legal Services firm. The integrated business targets the
impecunious not at fault motorist, referring to those who do not
have the financial means or access to a replacement vehicle.
Through its dedicated Credit Hire sales team and network of
1,100 plus active introducers around the UK, Anexo provides
customers with an end-to-end service including the provision of
Credit Hire vehicles, assistance with repair and recovery, and
claims management services. The Group's Legal Services division,
Bond Turner, provides the legal support to maximise the recovery of
costs through settlement or court action as well as the processing
of any associated personal injury claim.
The Group was admitted to trading on AIM in June 2018 with the
ticker ANX. For additional information please visit:
www.anexo-group.com
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