Intersar Al-Balhaa & Anor v RMG Residential Management Group Ltd
[2024] EWHC 229 (KB)
Protopapas Solicitors (a firm) v John Michaelides & Anor
13 November 2023
[2023] EWHC 2929 (SCCO)
Senior Courts Costs Office
A solicitor billed their clients, and the court decided how much the clients had to pay. The court thought the solicitor's original bill was too high, so they reduced it. The court also made the clients pay for extra paperwork the solicitor had to do because the clients were difficult.
Key Facts
- •Common law assessment of solicitor's costs against clients.
- •Claimant solicitor sought indemnity costs based on exceeding their own settlement offer.
- •Court initially ordered standard basis assessment.
- •Disputes arose over hourly rates for barrister/costs draftsman, Mr. Orphanou.
- •Disputes over reasonableness and proportionality of costs claimed.
- •Disputes over interest calculation from previous judgment.
- •Disputes over costs of preparing written submissions.
Legal Principles
Costs are assessed on the standard basis unless otherwise ordered.
CPR 44.3(4)
In solicitor-client assessments, proportionality and reasonableness must be considered, with doubts resolved in favour of the paying party.
None explicitly stated, but implied throughout the judgment.
Proportionality is considered after reasonableness.
West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220
A solicitor's breakdown can exceed the billed amount; the assessment focuses on the billed amount.
Involnert Management Inc v Aprilgrange Ltd [2015] EWHC 2834 (Comm) (differentiated from the present case)
Costs Judge has limited jurisdiction to disallow interest between solicitor and client; interest determined by original judgment.
CPR 47 (implied)
Court fees are payable on filing a request for assessment.
Civil Proceedings Fees Order 2008
Outcomes
Costs assessed on the standard basis.
Claimant's request for indemnity costs was too late and not justified solely by exceeding their own offer.
Mr. Orphanou's hourly rates approved.
Rates were reasonable for an experienced costs advocate and draftsman in central London.
Significant portions of claimed costs disallowed due to unreasonable time spent, poor document organisation, and unnecessary work.
Detailed review and analysis of each claimed item, considering reasonableness and proportionality.
Total costs of assessment set at £20,628.40 (excluding VAT on Orphanou's fees).
Assessment of reasonable costs after considering proportionality.
Interest calculation left to the original judge.
Costs Judge lacked jurisdiction to alter the interest provision in the original judgment.
Claimant awarded £2,800 for costs of preparing further written submissions.
Defendants' inadequate offers, misconceived arguments on interest, and failure to provide a reliable time estimate led to unnecessary costs.
Total costs awarded to the Claimant: £23,428.40
Includes initially assessed costs and additional costs for further submissions.
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