In the context of a compulsory purchase of a central London building, the court commented on the various factors which the Order required to be taken into account. In relation to ‘the amount or value of any money or property involved’:- ‘This is an objective test of the importance of the transaction and strongly influences the responsibility factor: see paragraph (ii) above. In the present case it is, without doubt, the weightiest single factor. However, I should utter a word of warning. In taking account of high values, while it is right in principle to apply a value factor, this factor will vary according to the particular circumstances, and it should be remembered that the burden of responsibility on the solicitor does not increase in direct proportion to the value. The effect of increased value is regressive and the rate of regression increases with the value. Furthermore, it is a matter of broad bands of value, rather than precision. Others might select different bands, but I and the assessors would suggest that, in the light of the current value of money, the divisions between the higher bands might be taken as being at andpound;.25m.; andpound;1 m.; andpound;2.5 m.; andpound;5 m. and andpound;10m. Finer tuning can be achieved by considering whether the value is at the bottom, the middle or the top of the relevant band, and there could be even more refined categorisation, if it was thought appropriate. But the essence of the approach is that it involves classification and not enumeration.’
Judges:
Donaldson J
Citations:
[1975] 1 WLR 1504
Statutes:
Solicitors Remuneration Order 1972
Cited by:
Cited – Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis CA 24-Oct-2003
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate.
Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 29 April 2022; Ref: scu.187173