Orwin v British Coal Corporation [2003] EWHC 757 (Ch) (10 April 2003)

Orwin v British Coal Corporation [2003] EWHC 757 (Ch) (10 April 2003)

There was no error of principle or discretion in the Deputy Costs Judge's assessment; the reduction of the brief fee to £5,000 was reasonable and proportionate given the circumstances and comparative fees.

Citation
[2003] EWHC 757 (Ch)
Parties
Claimant/appellant: John Reginald Douglas Orwin; Defendants/respondents: British Coal Corporation and Others
Jurisdiction
England and Wales
Judgment Date
10 April 2003
Procedural Posture
Appeal From Detailed Legal Aid Costs Assessment / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Legal Aid Assessment, Brief Fee, Copyright Infringement, Costs Appeal
Civil Procedure Costs Copyright Legal Aid Assessment Brief Fee Copyright Infringement Costs Appeal

Case Brief

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Parties

John Reginald Douglas Orwin

Claimant/appellant

British Coal Corporation and Others

Defendants/respondents

Procedural Posture

Appeal From Detailed Legal Aid Costs Assessment / Judgment on Appeal

Legal Issues

  1. 1 Whether Deputy Costs Judge erred in reducing counsel's brief fee from £15,500 to £5,000
  2. 2 Whether all relevant circumstances and preparation work were properly considered in the assessment of counsel's fees

Ratio Decidendi

There was no error of principle or discretion in the Deputy Costs Judge's assessment; the reduction of the brief fee to £5,000 was reasonable and proportionate given the circumstances and comparative fees.

Court Disposition

Appeal dismissed

Orders

  • If solicitors wish for costs of appeal to be deemed costs to which the client's certificate relates, Lord Chancellor's Department may be invited to make representations.