Lake v Hunt Kid Law Firm LLP [2011] EWHC 766 (QB) (30 March 2011)

Lake v Hunt Kid Law Firm LLP [2011] EWHC 766 (QB) (30 March 2011)

Article 14 of the Solicitors' (Non-Contentious Business) Remuneration Order 1994 does not confer discretion on the court to reduce or disallow interest claimed by a solicitor if requirements are met; section 35(A) Senior Courts Act 1981 does not apply to costs assessment proceedings and does not permit reduction of interest; payment into court and low interest rate do not justify reduction of interest.

Citation
[2011] EWHC 766 (QB)
Parties
Claimant/appellant: Thomas Lake; Defendant/respondent: Hunt Kid Law Firm LLP (in Administration)
Jurisdiction
England and Wales
Judgment Date
30 March 2011
Procedural Posture
Appeal From Costs Judge Decision / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Interest on Costs, Solicitors' (non Contentious Business) Remuneration Order 1994, Court's Discretion in Awarding Interest
Costs Law Solicitors' Remuneration Interest on Costs Solicitors' (non Contentious Business) Remuneration Order 1994 Court's Discretion in Awarding Interest

Case Brief

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Parties

Thomas Lake

Claimant/appellant

Hunt Kid Law Firm LLP (in Administration)

Defendant/respondent

Procedural Posture

Appeal From Costs Judge Decision / Judgment on Appeal

Legal Issues

  1. 1 Whether Article 14 of the Solicitors' (Non-Contentious Business) Remuneration Order 1994 confers discretion on the court to reduce or disallow interest claimed by a solicitor
  2. 2 Whether section 35(A) of the Senior Courts Act 1981 permits reduction or disallowance of interest in costs assessment proceedings
  3. 3 Whether interest should be awarded to the appellant on costs awarded

Ratio Decidendi

Article 14 of the Solicitors' (Non-Contentious Business) Remuneration Order 1994 does not confer discretion on the court to reduce or disallow interest claimed by a solicitor if requirements are met; section 35(A) Senior Courts Act 1981 does not apply to costs assessment proceedings and does not permit reduction of interest; payment into court and low interest rate do not justify reduction of interest.

Court Disposition

Appeal dismissed

Orders

  • Appellant's application for disallowance or reduction of interest dismissed
  • Costs of appeal to follow the event; parties may file written submissions on costs by 1 April 2011