Legal Services Commission v Aaronson & Anor (t/a Aaronson & Co Solicitors) [2008] EWHC 90096 (Costs) (14 January 2008)

Legal Services Commission v Aaronson & Anor (t/a Aaronson & Co Solicitors) [2008] EWHC 90096 (Costs) (14 January 2008)

The correct start point for recoverable costs in this detailed assessment is the Legal Services Commission's letter of 30 June 2005, as it was the first request for delivery up of all unbilled publicly funded files. Earlier correspondence and attendances are part of the evidence in the arbitrations and do not form part of the costs of these proceedings.

Citation
[2008] EWHC 90096 (Costs)
Parties
Claimant/respondent: Legal Services Commission; Defendant/appellant: Francis Joel Aaronson; Defendant/appellant: Linda Frances Aaronson; Defendant/appellant: Aaronson & Co Solicitors (A Firm)
Jurisdiction
England and Wales
Judgment Date
14 January 2008
Procedural Posture
Costs Assessment Following Appeal and Stay Application / Detailed Assessment After Preliminary Proportionality Ruling
Outcome
Costs assessment limited to items incurred after 30 June 2005; earlier costs excluded.
Legal Topics
Proportionality of Costs, Pre Action Costs, Jurisdiction Under Arbitration Act, Appropriateness of Part 8 Procedure
Civil Procedure Arbitration Legal Costs Proportionality of Costs Pre Action Costs Jurisdiction Under Arbitration Act Appropriateness of Part 8 Procedure

Case Brief

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Parties

Legal Services Commission

Claimant/respondent

Francis Joel Aaronson

Defendant/appellant

Linda Frances Aaronson

Defendant/appellant

Aaronson & Co Solicitors (A Firm)

Defendant/appellant

Procedural Posture

Costs Assessment Following Appeal and Stay Application / Detailed Assessment After Preliminary Proportionality Ruling

Legal Issues

  1. 1 What is the correct start point for recoverable costs in the proceedings?
  2. 2 Are pre-action costs recoverable in this detailed assessment?
  3. 3 Does the claim for delivery up of files fall within the scope of ongoing arbitration or court proceedings?

Ratio Decidendi

The correct start point for recoverable costs in this detailed assessment is the Legal Services Commission's letter of 30 June 2005, as it was the first request for delivery up of all unbilled publicly funded files. Earlier correspondence and attendances are part of the evidence in the arbitrations and do not form part of the costs of these proceedings.

Court Disposition

Costs assessment limited to items incurred after 30 June 2005; earlier costs excluded.

Orders

  • Court will assess costs claimed in Parts 1, 2, and 3 of the bill for necessity and reasonableness.
  • Costs claimed prior to 30 June 2005 are not recoverable as costs of these proceedings.