Kris Motor Spares Ltd v Fox Williams LLP [2010] EWHC 1008 (QB) (12 May 2010)

Kris Motor Spares Ltd v Fox Williams LLP [2010] EWHC 1008 (QB) (12 May 2010)

The appeal failed because the appellant did not provide sufficient evidence to show the ATE premium was unreasonable, and the Costs Judge did not err in allowing the costs for Mr Greager, applying the correct legal principles and exercising proper discretion.

Citation
[2010] EWHC 1008 (QB)
Parties
Claimant/appellant: Kris Motor Spares Limited; Defendant/respondent: Fox Williams LLP
Jurisdiction
England and Wales
Judgment Date
12 May 2010
Procedural Posture
Costs Appeal / Appeal From Detailed Assessment in the Senior Courts Costs Office
Outcome
Appeal dismissed
Legal Topics
Assessment of Costs, ATE Insurance Premium, Solicitors Act 1974, Reasonableness of Disbursements
Civil Procedure Costs Assessment of Costs ATE Insurance Premium Solicitors Act 1974 Reasonableness of Disbursements

Case Brief

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Parties

Kris Motor Spares Limited

Claimant/appellant

Fox Williams LLP

Defendant/respondent

Procedural Posture

Costs Appeal / Appeal From Detailed Assessment in the Senior Courts Costs Office

Legal Issues

  1. 1 Whether the ATE insurance premium was reasonably incurred and reasonable in amount
  2. 2 Whether the costs allowed for Mr Greager's work were properly recoverable

Ratio Decidendi

The appeal failed because the appellant did not provide sufficient evidence to show the ATE premium was unreasonable, and the Costs Judge did not err in allowing the costs for Mr Greager, applying the correct legal principles and exercising proper discretion.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Costs of the appeal to be paid by the appellant.