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 one firm, with reasonable hourly rates set at £295 (A), £230 (B), £175 (C), and £120 (D), reflecting some uplift for complexity but not to the level allowed by the Master below.

Citation
[2015] EWHC 735 (QB
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 (personal Injury) / Appeal From Senior Court Costs Office Decision
Outcome
Appeal allowed; Master's decision set aside in part; reasonable hourly rates determined as per judgment.
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 (personal Injury) / Appeal From Senior Court Costs Office Decision

Legal Issues

  1. 1 Whether it was objectively reasonable for the claimant to instruct a City or central London firm of solicitors for a personal injury claim
  2. 2 What is the appropriate category of solicitors and reasonable hourly rates for costs recovery

Ratio Decidendi

It was not objectively reasonable for the claimant to instruct a City or central London firm; the appropriate category was a national one firm, with reasonable hourly rates set at £295 (A), £230 (B), £175 (C), and £120 (D), reflecting some uplift for complexity but not to the level allowed by the Master below.

Court Disposition

Appeal allowed; Master's decision set aside in part; reasonable hourly rates determined as per judgment.

Orders

  • Reasonable hourly rates for costs assessment set at £295 (A), £230 (B), £175 (C), £120 (D) for national one firm solicitors.
  • Parties to seek agreement on overall costs; failing agreement, matter remitted to Senior Court Costs Office.