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Ellingsen v Det Skandinaviske Compani: CA 1919

The court considered an apportionment of the legal costs as between the parties.
Held: On the authorities, each client was only liable to the solicitors for half of the costs of the joint items of defence and the whole of any separate items of defence: ‘If there has been a joint contract between the solicitor and his clients, each client is liable for the whole costs; and if there were separate contracts, each will be liable for his own portion of them; . . the fact that after separate retainers the defence is conducted jointly does not make the liability joint.’

Citations:

[1919] 2 KB 567

Jurisdiction:

England and Wales

Cited by:

CitedKorner v Korner and Co CA 1951
It was submitted by the receiving parties (being 7 out of 8 defendants) that they should receive an equal portion of the total costs of the defendants by number, that is to say 7/8ths. The taxing master disagreed, permitting each defendant 7/8ths of . .
CitedMeretz Investments Nv and Another v ACP Ltd and others ChD 14-Nov-2007
The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs.
Held: The appeal failed. Where there is no express agreement concerning the division of costs, a . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 23 March 2022; Ref: scu.261317

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