KMT & Ors (Chidren) v Kent County Council

The Costs Judge applied the correct objective test in assessing hourly rates, was entitled to allow an uplift on Central London guideline rates considering the factors in CPR 44.5(3), and did not make an arithmetical error in the assessment of documentary time. The appeal is dismissed on all grounds.

Parties: Claimants/respondents: KMT, KAY, MEY and MJY (Children proceeding by their Litigation Friend, the Official Solicitor); Defendant/appellant: Kent County Council
Jurisdiction: England and Wales
Judgment Date: 23 July 2012
Procedural Posture: Civil Appeal (costs Assessment) / Appeal From Detailed Assessment by Costs Judge
Outcome: Appeal dismissed
Legal Topics: Assessment of Costs, Hourly Rates, Uplifts on Costs, Discretion of Costs Judge

Civil Procedure Costs Assessment of Costs Hourly Rates Uplifts on Costs Discretion of Costs Judge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 9

Parties

KMT, KAY, MEY and MJY (Children proceeding by their Litigation Friend, the Official Solicitor)

Claimants/respondents

Kent County Council

Defendant/appellant

Procedural Posture

Civil Appeal (costs Assessment) / Appeal From Detailed Assessment by Costs Judge

Legal Issues

1 Whether the Costs Judge applied the correct legal test in assessing hourly rates
2 Whether an uplift on Central London guideline rates was appropriate
3 Whether the Costs Judge made an arithmetical error in the assessment of documentary time

Ratio Decidendi

Court Disposition

Appeal dismissed