Kelly v Hays Plc & Anor [2015] EWHC 735 (QB (19 February 2015)

Kelly v Hays Plc & Anor [2015] EWHC 735 (QB (19 February 2015)

It was not objectively reasonable for the claimant to instruct a City or central London firm; the appropriate category was a national band one firm. The reasonable hourly rates for recoverable costs are set at £295 (grade A), £230 (grade B), £175 (grade C), and £120 (grade D) fee earners, reflecting some uplift for complexity but not to the level of City or central London rates.

Citation
[2015] EWHC 735
Parties
Claimant/respondent: Melanie Kelly; Defendant/appellant: Hays PLC; Defendant/appellant: Hays Specialist Recruitment Ltd
Jurisdiction
England and Wales
Judgment Date
19 February 2015
Procedural Posture
Costs Appeal in Personal Injury Litigation / Appeal From Senior Court Costs Office Decision
Outcome
Appeal allowed in part; Master Campbell's decision set aside in respect of hourly rates.
Legal Topics
Costs Assessment, Reasonableness of Solicitor Selection, Guideline Hourly Rates, Tomlin Order, Personal Injury Damages
Civil Procedure Personal Injury Employment Law Costs Assessment Reasonableness of Solicitor Selection Guideline Hourly Rates Tomlin Order Personal Injury Damages

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Parties

Melanie Kelly

Claimant/respondent

Hays PLC

Defendant/appellant

Hays Specialist Recruitment Ltd

Defendant/appellant

Procedural Posture

Costs Appeal in Personal Injury Litigation / Appeal From Senior Court Costs Office Decision

Legal Issues

  1. 1 Whether it was objectively reasonable for the claimant to instruct a City firm of solicitors
  2. 2 What is the appropriate category of solicitors for costs assessment
  3. 3 What are the reasonable hourly rates for fee earners in this case

Ratio Decidendi

It was not objectively reasonable for the claimant to instruct a City or central London firm; the appropriate category was a national band one firm. The reasonable hourly rates for recoverable costs are set at £295 (grade A), £230 (grade B), £175 (grade C), and £120 (grade D) fee earners, reflecting some uplift for complexity but not to the level of City or central London rates.

Court Disposition

Appeal allowed in part; Master Campbell's decision set aside in respect of hourly rates.

Orders

  • Reasonable hourly rates for costs assessment set at £295 (grade A), £230 (grade B), £175 (grade C), £120 (grade D).
  • Parties to seek agreement on overall costs or remit to Senior Court Costs Office if not agreed.