Stone Rowe Brewer Llp v Just Costs Ltd

Stone Rowe Brewer Llp v Just Costs Ltd

The costs judge erred in finding 'special circumstances' by focusing on individual bill outcomes rather than the aggregate result; there were no exceptional grounds to depart from the statutory one-fifth rule, and the Claimant, having achieved an overall reduction exceeding one-fifth, was entitled to the costs of the assessment.

Parties
Applicant/claimant: Stone Rowe Brewer LLP; Respondent/defendant: Just Costs Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2014
Procedural Posture
Appeal / Judgment on Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed
Legal Topics
Assessment of Costs, Solicitors Act 1974 Section 70, Special Circumstances Exception, Detailed Assessment Procedure, One Fifth Rule
Civil Procedure Costs Law Assessment of Costs Solicitors Act 1974 Section 70 Special Circumstances Exception Detailed Assessment Procedure One Fifth Rule

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Parties

Stone Rowe Brewer LLP

Applicant/claimant

Just Costs Limited

Respondent/defendant

Procedural Posture

Appeal / Judgment on Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 What constitutes 'special circumstances' under section 70(10) of the Solicitors Act 1974 to justify departing from the one-fifth rule on costs?
  2. 2 Whether the costs judge erred in awarding costs against the Claimant despite overall success under the one-fifth rule.

Ratio Decidendi

The costs judge erred in finding 'special circumstances' by focusing on individual bill outcomes rather than the aggregate result; there were no exceptional grounds to depart from the statutory one-fifth rule, and the Claimant, having achieved an overall reduction exceeding one-fifth, was entitled to the costs of the assessment.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Appeal allowed