The solicitor had successfully defended proceedings brought against him personally, but employing his own firm to represent him. He sought his costs. The claimant disputed his right to costs.
Held: The claimant had served a notice of discontinuance of the action, and by doing so made himself liable for costs. The judge had applied the London Scottish case. There should be no difference between work done by an employee of a solicitor, and work done by a partner. Rule 48.6 had not changed the situation.
Judges:
Potter LJ, Chadwick LJ, Wall J
Citations:
Times 11-Oct-2002, Gazette 17-Oct-2002
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – London Scottish Benefit Society v Chorley Crawford and Chester CA 30-May-1884
Where an action is brought against a solicitor who defends it in person and obtains judgment, he is entitled upon taxation to the same costs as if he had employed a solicitor, except in respect of items which the fact of his acting directly renders . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions, Civil Procedure Rules
Updated: 02 June 2022; Ref: scu.177397