Garbutt and Another v Edwards and Another: CA 27 Oct 2005

The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of the estimate should not deprive the solicitor of payment for the work undertaken entirely: ‘steps . . should be taken [to] reflect the fact that, consistent with the indemnity principle, the receiving party should receive reimbursement from the paying party for the costs that he has properly incurred.’


Brooke LJ, Tuckey LJ, Arden LJ


Times 03-Nov-2005, [2005] EWCA Civ 1206, [2006] 1 WLR 2907, [2006] CP Rep 8, [2006] 1 All ER 553, [2006] 1 Costs LR 143, [2005] NPC 122




Civil Procedure Rules 44.14


England and Wales


CitedHarold v Smith 1860
‘Before stating the principle on which the Master acted on this taxation, it may be as well that I should state what we consider the principle upon which he ought to have acted. I think the question is one of considerable importance, and therefore, . .
CitedHollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
CitedBailey v IBC Vehicles Limited CA 27-Mar-1998
The claimant succeeded in an action for personal injuries. The defendants agreed damages with costs. The claimant was assisted financially by his union. The defendants objected to elements of the bill, and asked for evidence that the bill was not in . .
CitedSmith v Buller 1875
The plaintiff in a patent case had failed, and now objected to the amount of costs claimed by the defendant.
Held: Sir R Malins V-C said: ‘It is of great importance to litigants who are unsuccessful that they should not be oppressed by having . .
CitedWong v Vizards 1997
The solicitors had sent to the client a written fee proposal for a forthcoming case which they said was drafted on ‘the worst case basis’, saying ‘I provided you with a fee proposal which hopefully sets out the fullest extent of your liability to . .
CitedAnderson v Daniel CA 1924
Sellers of artificial fertilisers were required by law to include in their invoices details of the mixes used. The claimant seller sought payment under an invoice which failed to include the relevant information.
Held: The contract was valid . .
CitedShaw v Groom 1970
The landlord unlawfully failed to supply a rent book, and the tenant denied a liability to pay rent because of his illegality.
Held: Where one party carries out a lawful contract, but in an unlawful manner, the lawful contract remains . .
CitedSt John Shipping Corporation v Joseph Rank Limited 1956
The defendants held a bill of lading for part of the cargo carried on the plaintiffs’ vessel from Mobile, Alabama, to Birkenhead. The vessel was over laden and the plaintiffs were guilty of an offence under the 1932 Act. The defendants relied on the . .
CitedSwain v The Law Society HL 1983
The Solicitors’ Practice Rules had the force of a statute, being rules made by the Council of the Law Society with parliamentary sanction for the protection of that section of the public who might be in need of legal advice, assistance or oversight. . .
CitedRegina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
CitedGeneral of Berne Insurance Company v Jardine Reinsurance Management Limited CA 12-Feb-1998
Where only part of action for which costs are awarded, is covered by a contentious business agreement, and the amount recoverable is limited, that part is severable from the balance. A paying party cannot be ordered to pay a receiving party more by . .
CitedPamplin v Express Newspapers Ltd 1985
A costs judge does not have any power to order discovery to be given: he does not have any power to override a right of privilege. But he has a duty if the respondent raises a relevant factual issue to require the claimant to prove the facts on . .
CitedLeigh v Michelin Tyre Plc CA 8-Dec-2003
The parties had submitted costs estimates which proved later to be quite inadequate.
Held: It was a central principle of the Civil Procedure Rules that costs should be controlled. Solicitors should file costs estimates not only at the . .

Cited by:

CitedReynolds v Stone Rowe Brewer (A Firm) QBD 18-Mar-2008
The solicitors appealed against the assessment of their costs. The judge had found that they had estimated their costs and applied a 15% margin of error.
Held: the judge should have given reasons for his judgment to allow the parties to assess . .
CitedWestlaw Services Ltd and Another v Boddy CA 30-Jul-2010
The claimant said that it was due sums from the estate of the deceased solicitor. The executors said that the agreement was unlawful in that it had amounted to an agreement to share fees with an unauthorised body.
Held: The agreement was . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules, Legal Professions

Updated: 04 July 2022; Ref: scu.231514