The costs order required payment of the claimants’ costs. The court ordered costs to be payable only for certain stages of the case, and in particular that the appellants should pay the respondents costs of the trial commencing on a specified date. The respondents now sought recovery of brief fees for the trial.
Held: The court had to interpret ‘costs of the trial’. That might normally include the brief fee, but it had to be seen in the particular circumstances. Where brief fees were paid prior to trial they became costs incurred as and when they were paid and would be assessed on that basis.
Judges:
Patten J
Citations:
Times 11-Sep-2003, Gazette 16-Oct-2003
Jurisdiction:
England and Wales
Citing:
Cited – Loveday v Renton (No 2) 1992
A brief fee might include work done during the course of a trial. The appropriateness of the approach and the need for elements to be calculated according to the value at stake and the hourly expense rate are to be calculated realistically. . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions
Updated: 21 June 2022; Ref: scu.186114