Kapoor v Johal & Ors [2024] EWHC 2853 (SCCO) (08 November 2024)

Kapoor v Johal & Ors [2024] EWHC 2853 (SCCO) (08 November 2024)

The Bill of Costs was assessed at nil due to serious misconduct by RP and/or legal representatives, including repeated breaches of the indemnity principle, claiming costs for hearings not attended by the solicitor, claiming VAT not invoiced to RP, claiming costs contrary to court orders, and the creation of non-contemporaneous attendance notes to support inflated claims. The conduct was unreasonable and improper under CPR 44.11, justifying complete disallowance of costs and indemnity costs of assessment to PP.

Citation
[2024] EWHC 2853 (SCCO)
Parties
Paying Party (pp): Miss Madhu Kapoor (Deceased); Receiving Party (rp): Mr Harchand Johal; Receiving Party (rp): Mrs Gurdev Johal (deceased); Receiving Party (rp): Mr Baltaj Johal
Jurisdiction
England and Wales
Judgment Date
08 November 2024
Procedural Posture
Solicitors Act Detailed Assessment / Post Trial, Detailed Assessment Hearing
Outcome
Bill of Costs assessed at nil; PP awarded indemnity costs of detailed assessment.
Legal Topics
Detailed Assessment of Costs, Solicitors Act 1974, CPR Part 44.11 (misconduct in Costs Proceedings), Indemnity Principle, Proportionality of Costs, VAT on Legal Costs, Misconduct by Legal Representatives
Civil Procedure Costs Law Legal Profession Regulation Detailed Assessment of Costs Solicitors Act 1974 CPR Part 44.11 (misconduct in Costs Proceedings) Indemnity Principle Proportionality of Costs +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Miss Madhu Kapoor (Deceased)

Paying Party (pp)

Mr Harchand Johal

Receiving Party (rp)

Mrs Gurdev Johal (deceased)

Receiving Party (rp)

Mr Baltaj Johal

Receiving Party (rp)

Procedural Posture

Solicitors Act Detailed Assessment / Post Trial, Detailed Assessment Hearing

Legal Issues

  1. 1 Whether the Bill of Costs was accurate and properly certified
  2. 2 Whether costs claimed breached the indemnity principle
  3. 3 Whether VAT was improperly claimed

Ratio Decidendi

The Bill of Costs was assessed at nil due to serious misconduct by RP and/or legal representatives, including repeated breaches of the indemnity principle, claiming costs for hearings not attended by the solicitor, claiming VAT not invoiced to RP, claiming costs contrary to court orders, and the creation of non-contemporaneous attendance notes to support inflated claims. The conduct was unreasonable and improper under CPR 44.11, justifying complete disallowance of costs and indemnity costs of assessment to PP.

Court Disposition

Bill of Costs assessed at nil; PP awarded indemnity costs of detailed assessment.

Orders

  • Bill of Costs assessed at nil.
  • RP to pay PP's costs of detailed assessment on the indemnity basis, as drawn (£10,314.00).