STONE ROWE BREWER LLP v JUST COSTS LTD 2014 EWHC 219 (QB)

An important High Court decision on the application of the one fifth rule (s.70(9)) on assessment under the Solicitors Act 1974 and the nature of any "special circumstances" justifying departure from that rule under s.70(10).

For the full Judgment, click here

Time of No Reply

This is my first post since Jackson. I decided that rather than joining in the hysteria about the end of the world as we know it, I would wait until something new and interesting actually happened. It's taken 7 months. And I still feel fine....just a little irritated.

It's a Sin

I started training in costs in July 1987. The Pet Shop Boys were at number one with "It's a Sin". Perhaps it was an omen.

In those days costs draftsmen seemed to deal with a much wider variety of work on a daily basis. Legal aid was available for everything under the sun, and virtually all solicitors dealt with legal aid to a greater or lesser extent. Justice was already pretty accessible to be honest, and as a result every type of case imaginable headed to us... from divorce, through DVMPA claims, to boundary disputes, Inheritance Act, Court of Protection, medical negligence and...perish the thought...legally aided personal injury cases.

Relocation, Relocation, Relocation

Whilst other costs firms are busy "consolidating", due to continuing expansion into various areas of costs we are moving offices on 22nd January to a City Centre location in the heart of Sheffield’s legal district and within a stone’s throw of the Court.

From then our contact details will be –

Omnia One
125 Queen St
Sheffield
S1 2DU

Tel: 0114 279 2628
Fax: 0114 279 2601

DX 10503 Sheffield

Quality costs draftsmen who may have found that their careers may have been "consolidated" - send us your CVs.

Freedom of Choice of Lawyer under Legal Expenses Insurance

Christine Brown-Quinn and others v Equity Syndicate Management Ltd and another [2012] EWCA Civ 1633

Legal expenses insurers are under an obligation to comply with Council Directive 87/344 EEC and the Insurance Companies (Legal Expenses Insurance) Regulations 1990, which make it entirely clear that the insured’s freedom to have the lawyer of his choice is to be expressly stated in the contract made with the insured.

The Powers of an SCCO Costs Officer

This is a point that is often overlooked by paying parties.

In my experience, and in general terms, Costs Officers in the SCCO have shown considerable expertise in their field over the years, save for the occasional suspect choice of footballing allegiance. Unlike most District Judges and even Regional Costs Judges they deal with absolutely nothing but costs. They deal with us costs draftsmen all day......every day. And they do that by deliberate choice. Crikey! Hats off to them!

But.... they do not enjoy the same range of powers on assessment as either the Masters, Costs Judges or District Judges in the provinces. Their powers are restricted by CPR 47.3 and there are two specific restrictions which are often overlooked -

Fixed Fees on All Fast Track Cases

The proposals for fixed fees in all fast track PI cases have now been made public. The MOJ's proposals can be found here [MOJ PROPOSALS].

The proposals in respect of the amounts of fixed costs that will apply outside the portals are particularly harsh, although there will be an escape clause (see the reference to "+20%") which will probably be based on the current CPR 45.12 provision for exceeding predictive costs in RTA cases. The question is will the new rule require exceptional circumstances (as now), in which case forget it, or just circumstances that justify a departure (in which case, chaos will ensue and the whole scheme will collapse in a quivering heap of costs lawyers and irate District Judges).