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 the prospects of an appeal. There had been unusual developments, but the estimates given were in any event just too low. The costs judge had been entitled to come to the conclusion he had. The judge in Wong v Vizards had not applied a percentage, but had set the costs awarded, and noted that this was about 15%.
Judges:
Tugendhat J
Citations:
[2008] EWHC 497 (QB), [2008] 4 Costs LR 545
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Wong 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 . .
Cited – Anthony v Ellis and Fairbairn (A Firm) SCCO 12-May-2000
The court considered a solicitor’s bill which vastly exceeded the estimate given. . .
Cited – Mastercigars Direct Ltd v Withers Llp ChD 23-Nov-2007
The court considered an appeal against a costs award where the solicitors had given an estimate, but had then exceeded the estimate.
Held: Morgan J said: ‘The closing submissions were recorded by the Costs Judge at paragraph 59 and 60 of his . .
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 – Leigh 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 – Flannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
Cited by:
Cited – Tim Martin Interiors Ltd v Akin Gump Llp ChD 17-Nov-2010
The company borrowed money from a bank, who instructed the defendants to act in the loan. On recovering the loan, the borrowers challenged the amounts charged by the solicitors. The court was asked what were the powers for a third party paying a . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions
Updated: 07 December 2022; Ref: scu.266907