Milkovics (t/a Milkovics & Co) v Keppel-Palmer

Milkovics (t/a Milkovics & Co) v Keppel-Palmer

The judge was entitled to find that the failure to recover the costs of the assessment was due to excessive and unjustified time claimed ('time dumping'), not the absence of the retainer and CFA. The broad brush approach to the counterclaim was reasonable and within the judge's discretion.

Parties
Claimant/respondent: Milkovics (T/A Milkovics & Co); Defendant/appellant: Keppel-Palmer
Jurisdiction
England and Wales
Judgment Date
28 July 2009
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Costs Assessment, Conditional Fee Agreements, Professional Negligence by Solicitor
Civil Procedure Professional Negligence Costs Costs Assessment Conditional Fee Agreements Professional Negligence by Solicitor

Case Brief

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Parties

Milkovics (T/A Milkovics & Co)

Claimant/respondent

Keppel-Palmer

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was entitled to recover the costs of the assessment from RWV Limited due to the respondent's negligence
  2. 2 Whether the counterclaim for negligence should have resulted in a higher award to the appellant

Ratio Decidendi

The judge was entitled to find that the failure to recover the costs of the assessment was due to excessive and unjustified time claimed ('time dumping'), not the absence of the retainer and CFA. The broad brush approach to the counterclaim was reasonable and within the judge's discretion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment of the lower court affirmed.