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 allocation questionnaire stage but also at the listing questionnaire. The practice direction was framed in mandatory terms. The court gave guidance as to how costs estimates might be taken into account when making an order for costs. The costs estimates given were a useful yardstick of the reasonableness of the costs claimed. Any substantial difference should be explained, and the absence of an explanation could also indicate unreasonableness. A reliance upon an opponent’s low estimate in not offering a settlement was relevant, as also it would be if the case management would have been different.
Judges:
Lord Phillips Master Of The Rolls Lady Justice Arden Lord Justice Dyson
Citations:
[2003] EWCA Civ 1766, Times 16-Dec-2003, [2004] 1 WLR 846, [2004] 1 Costs LR 148, [2004] 2 All ER 175, [2004] CP Rep 20
Links:
Statutes:
Civil Procedure Rules 43PD 6.6
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Cited – Reynolds 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 . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Costs
Updated: 14 November 2022; Ref: scu.188642