Tribe v Southdown Gliding Club Ltd & Ors [2007] EWHC 90080 (Costs) (04 June 2007)

Tribe v Southdown Gliding Club Ltd & Ors [2007] EWHC 90080 (Costs) (04 June 2007)

Where a receiving party's costs claim substantially exceeds the estimate provided in the Allocation Questionnaire, and the paying party reasonably relied on that estimate, and no satisfactory explanation for the difference is provided, the court may reduce the recoverable costs to a reasonable figure reflecting the reliance and the circumstances, but the estimate is not a strict cap.

Citation
[2007] EWHC 90080 (Costs)
Parties
Claimant: Douglas Tribe; First Defendant: Southdown Gliding Club Limited; Second Defendant: Robert Adam; Third Defendant: The Estate of Ron King
Jurisdiction
England and Wales
Judgment Date
04 June 2007
Procedural Posture
Costs Assessment / Preliminary Issues Determination
Outcome
Costs recoverable by the First and Third Defendants are reduced to £70,000, with specified reasonable hourly rates for solicitors and costs draftsman.
Legal Topics
Costs Estimates, Proportionality of Costs, Conditional Fee Agreements, After the Event Insurance, Detailed Assessment, Solicitor's Hourly Rates
Civil Procedure Costs Costs Estimates Proportionality of Costs Conditional Fee Agreements After the Event Insurance Detailed Assessment Solicitor's Hourly Rates

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Parties

Douglas Tribe

Claimant

Southdown Gliding Club Limited

First Defendant

Robert Adam

Second Defendant

The Estate of Ron King

Third Defendant

Procedural Posture

Costs Assessment / Preliminary Issues Determination

Legal Issues

  1. 1 Whether the costs claimed by the First and Third Defendants should be limited to the sums estimated in the Allocation Questionnaire
  2. 2 What effect if any should the estimate have on the claim for costs
  3. 3 Whether the costs claimed are disproportionate

Ratio Decidendi

Where a receiving party's costs claim substantially exceeds the estimate provided in the Allocation Questionnaire, and the paying party reasonably relied on that estimate, and no satisfactory explanation for the difference is provided, the court may reduce the recoverable costs to a reasonable figure reflecting the reliance and the circumstances, but the estimate is not a strict cap.

Court Disposition

Costs recoverable by the First and Third Defendants are reduced to £70,000, with specified reasonable hourly rates for solicitors and costs draftsman.

Orders

  • First and Third Defendants' recoverable costs limited to £70,000 (excluding trial and quantum costs)
  • Partner's hourly rate allowed at £280 (2003), £300 (2004), £320 (2005)