Lake v Hunt Kid Law Firm LLP

Lake v Hunt Kid Law Firm LLP

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 in accordance with its provisions; section 35(A) Senior Courts Act 1981 does not apply to costs assessment proceedings and does not permit reduction or disallowance of interest; the respondent is entitled to interest at the rate and for the period specified in the 1994 Order.

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 / Judgment
Outcome
Appeal dismissed
Legal Topics
Interest on Costs, Detailed Assessment, Solicitors (non Contentious Business) Remuneration Order 1994, Section 35(a) Senior Courts Act 1981
Costs Solicitors' Remuneration Interest on Costs Detailed Assessment Solicitors (non Contentious Business) Remuneration Order 1994 Section 35(a) Senior Courts Act 1981

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Parties

Thomas Lake

Claimant/appellant

Hunt Kid Law Firm LLP (in Administration)

Defendant/respondent

Procedural Posture

Appeal / Judgment

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) 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 in accordance with its provisions; section 35(A) Senior Courts Act 1981 does not apply to costs assessment proceedings and does not permit reduction or disallowance of interest; the respondent is entitled to interest at the rate and for the period specified in the 1994 Order.

Court Disposition

Appeal dismissed

Orders

  • Respondent entitled to interest as assessed by Costs Judge
  • Parties to file written submissions on costs by 4.00pm 1 April 2011