A claim for costs was made. The solicitor qualified in April 2002, and the matter concluded in 2004. pounds 200 per hour (the Grade B rate) was claimed in the Bill of Costs because he had 15 years litigation experience. This rate was allowed at Detailed Assessment. The payers argued that ‘the deputy master erred in allowing the hourly rate of pounds 200 per hour applicable to a Grade B fee earner in central London for the work done by R. R was admitted as a solicitor on 2 April 2002, although he was said to have 15 years’ litigation experience. However, the guideline bands, as quoted by the deputy master, state that Grade B covers ‘solicitors and legal executives with over four years’ post-qualification experience, including at least four years’ litigation experience.’ pounds 200.00 per hour should not have been allowed and that the appropriate rate would be that of a Grade C, given the solicitor had only 2 years post qualification experience.
Held: The objection was rejected. The Master stated ‘I accept the submission that it is the experience of the representative which is of particular relevance here, experience frequently being as valuable if not more valuable in this area than an academic or professional qualification. The guidelines relied on (by Ms Ackland) are not binding instruments and the considerable experience of the assessors in this appeal is that litigation experience of this length, prior to qualification, would always be recognised and taken into account in determining the appropriate grade of fee earner and hourly rate. I therefore see no error in the deputy master’s decision to allow the rate applicable to a Grade B fee earner.
Citations:
[2005] EWHC 1055
Jurisdiction:
England and Wales
Costs
Updated: 05 December 2022; Ref: scu.406784
