Scenic International Group Limited (In Provisional Liquidation) v Richard Adenaike & Ors
[2024] EWHC 1178 (Ch)
Andrew William Warner Wootton & Anor v Tracy Jane Wootton & Ors
16 February 2024
[2024] EWHC 325 (Ch)
High Court
A court decided how much the losing side in an urgent legal case had to pay the winners. They looked at whether the costs were fair, considering the importance and urgency of the case. The court decided £28,000 was a reasonable amount, and didn't spend time on other arguments about how the other side acted.
Key Facts
- •Summary assessment of costs following an injunction application.
- •Claimants (Cs) issued a claim and applied for an injunction in the High Court in London.
- •First Defendant (D1) and Second Defendants (D2) opposed the injunction.
- •The injunction application was dismissed.
- •D2's statement of costs was summarily assessed.
Legal Principles
Reasonableness and proportionality of costs.
Inherent jurisdiction of the court to assess costs.
Appropriate hourly rates for solicitors.
Court's discretion in determining reasonable rates.
Relevance of parties' conduct to costs assessment.
Court's discretion to consider conduct but to avoid disproportionate inquiry.
Requirement for cost estimates.
Garbutt v Edwards [2005] EWCA Civ 1206
Outcomes
D2's costs summarily assessed at £28,000.
The court found D2's costs to be reasonable and proportionate given the urgency of the application, the seriousness of the relief sought, and the work involved.
Hourly rates set at London 2 rates for a Grade A fee earner (£398 p.h.) and Grade D fee earner (£148 p.h.).
The work did not justify London 1 rates.
Counsel's brief fee of £12,500 plus VAT deemed reasonable and proportionate.
Given the urgency of the High Court hearing and the substantial amount of documentary material.
No findings made on allegations of inappropriate conduct by the Claimants.
The court considered it disproportionate to delve into these matters given the overall costs assessment.
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