Hugh Cartwright & Amin v Devoy-Williams & Anor (Rev 1)

Hugh Cartwright & Amin v Devoy-Williams & Anor (Rev 1)

The Pre-Action Offer was not relevant to the costs assessment proceedings; the Master did not err in disregarding it. The Master was within discretion regarding hourly rates, but erred in reducing the brief fee without valid grounds. The conditional Calderbank offer was incapable of acceptance, and the Master erred in relying on it to award costs from 20 January 2017.

Parties
Appellant/claimant: Hugh Cartwright & Amin; Respondent/defendant: Mr David Devoy-Williams; Respondent/defendant: Mrs Anjana Devoy-Williams
Jurisdiction
England and Wales
Judgment Date
04 July 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Detailed Assessment of Costs, Calderbank Offers, Solicitor Client Disputes, Professional Negligence, Hourly Rates, Brief Fee, Set Off
Civil Procedure Costs Detailed Assessment of Costs Calderbank Offers Solicitor Client Disputes Professional Negligence Hourly Rates Brief Fee +1 more

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Parties

Hugh Cartwright & Amin

Appellant/claimant

Mr David Devoy-Williams

Respondent/defendant

Mrs Anjana Devoy-Williams

Respondent/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Master erred in disregarding the Pre-Action Offer in the costs assessment
  2. 2 Appropriate hourly rates for solicitors in 'high temperature' litigation
  3. 3 Reasonableness of counsel's brief fee reduction

Ratio Decidendi

The Pre-Action Offer was not relevant to the costs assessment proceedings; the Master did not err in disregarding it. The Master was within discretion regarding hourly rates, but erred in reducing the brief fee without valid grounds. The conditional Calderbank offer was incapable of acceptance, and the Master erred in relying on it to award costs from 20 January 2017.

Court Disposition

Appeal allowed in part

Orders

  • Respondents to pay post-20 January 2017 costs of detailed assessment, assessed at £3,000.
  • Respondents to pay £3,500 in respect of counsel’s fees.