Balaj & Ors v Secretary of State for the Home Department [2022] EWHC 1627 (SCCO) (23 June 2022)

Balaj & Ors v Secretary of State for the Home Department [2022] EWHC 1627 (SCCO) (23 June 2022)

There was no evidence of misconduct or breach of professional conduct standards by AR, ZJ, or IC sufficient to engage the court's powers under CPR 44.11. The arrangement did not amount to improper conduct, and the codes cited were not breached. The hourly rates allowed were for Outer London (London 3) Grade B, not City of London Grade A, reflecting the work and experience. The costs claimed for the conduct issue were unreasonably high and largely irrecoverable, but this did not amount to misconduct; rather, it was a factor in the court's discretion on costs of the conduct issue.

Citation
[2022] EWHC 1627 (SCCO)
Parties
Claimant/receiving Party: Erison Balaj; Claimant/receiving Party: Mubashar Irshad; Claimant/receiving Party: Muhammad Aamir; Claimant/receiving Party: Greta Ndreu; Claimant/receiving Party: Ghulam Farooq; Claimant/receiving Party: Hasnain Ahmed Khan; Claimant/receiving Party: Umar Waqas; Claimant/receiving Party: Quhyum Hussain Syed; Defendant/paying Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 June 2022
Procedural Posture
Costs Assessment (high Court, Scco) / Judgment on Conduct Issues Following Provisional Assessments and Oral Hearing
Outcome
No order as to costs on the conduct issue; main action costs remain as previously assessed.
Legal Topics
Guideline Hourly Rates, Indemnity Principle, Solicitors' and Barristers' Codes of Conduct, CPR 44.11, Assessment of Costs, Conflict of Interest
Civil Procedure Costs Law Professional Conduct Guideline Hourly Rates Indemnity Principle Solicitors' and Barristers' Codes of Conduct CPR 44.11 Assessment of Costs +1 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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Erison Balaj

Claimant/receiving Party

Mubashar Irshad

Claimant/receiving Party

Muhammad Aamir

Claimant/receiving Party

Greta Ndreu

Claimant/receiving Party

Ghulam Farooq

Claimant/receiving Party

Hasnain Ahmed Khan

Claimant/receiving Party

Umar Waqas

Claimant/receiving Party

Quhyum Hussain Syed

Claimant/receiving Party

Secretary of State for the Home Department

Defendant/paying Party

Procedural Posture

Costs Assessment (high Court, Scco) / Judgment on Conduct Issues Following Provisional Assessments and Oral Hearing

Legal Issues

  1. 1 Whether the conduct of Ashton Ross Solicitors and ZJ in instructing counsel at Imperium Chambers, where ZJ was a pupil, amounted to misconduct or breach of professional conduct standards justifying disallowance or reduction of costs under CPR 44.11.
  2. 2 Whether the hourly rates claimed by AR for ZJ were reasonable and in accordance with the Guideline Hourly Rates and relevant case law.
  3. 3 Whether the costs claimed for the conduct issue (N260) were reasonable and recoverable.

Ratio Decidendi

There was no evidence of misconduct or breach of professional conduct standards by AR, ZJ, or IC sufficient to engage the court's powers under CPR 44.11. The arrangement did not amount to improper conduct, and the codes cited were not breached. The hourly rates allowed were for Outer London (London 3) Grade B, not City of London Grade A, reflecting the work and experience. The costs claimed for the conduct issue were unreasonably high and largely irrecoverable, but this did not amount to misconduct; rather, it was a factor in the court's discretion on costs of the conduct issue.

Court Disposition

No order as to costs on the conduct issue; main action costs remain as previously assessed.

Orders

  • No order as to costs on the conduct issue.
  • Costs in the main actions to remain as assessed in 2020.