Halborg v EMW Law LLP [2017] EWCA Civ 793 (23 June 2017)

Halborg v EMW Law LLP [2017] EWCA Civ 793 (23 June 2017)

A solicitors LLP acting as its own legal representative is not a litigant in person under CPR 46.5 and is entitled to recover costs on the same basis as a solicitor in partnership or sole practice, applying the Chorley principle. The rules must be interpreted purposively to avoid irrational distinctions between LLPs...

Source-derived case information.

Citation
[2017] EWCA Civ 793
Parties
Appellant/defendant: Mr Scott Halborg; Respondent/claimant: EMW Law LLP
Jurisdiction
England and Wales
Judgment Date
23 June 2017
Procedural Posture
Appeal / Court of Appeal Judgment on Costs Recovery Following High Court and SCCO Decisions
Outcome
Appeal dismissed
Legal Topics
Litigant in Person, Solicitor Costs Recovery, Limited Liability Partnerships, Interpretation of CPR 46.5, Chorley Principle
Civil Procedure Costs Litigant in Person Solicitor Costs Recovery Limited Liability Partnerships Interpretation of CPR 46.5 Chorley Principle

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Parties

Mr Scott Halborg

Appellant/defendant

EMW Law LLP

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment on Costs Recovery Following High Court and SCCO Decisions

Legal Issues

  1. 1 Whether a solicitors LLP acting as its own legal representative is a 'litigant in person' under CPR 46.5 and subject to restricted costs recovery
  2. 2 Whether the Chorley principle applies to LLPs as it does to partnerships and solicitors in sole practice

Ratio Decidendi

A solicitors LLP acting as its own legal representative is not a litigant in person under CPR 46.5 and is entitled to recover costs on the same basis as a solicitor in partnership or sole practice, applying the Chorley principle. The rules must be interpreted purposively to avoid irrational distinctions between LLPs and traditional partnerships.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; EMW Law LLP is entitled to recover its costs as assessed, not limited to litigant in person rates.