Legal Services Commission v Aaronson & Anor (t/a Aaronson & Co Solicitors)

Legal Services Commission v Aaronson & Anor (t/a Aaronson & Co Solicitors)

The recoverable costs in this detailed assessment are limited to those incurred from the date of the LSC's letter of 30 June 2005, as this was the first request for delivery up of all unbilled publicly funded files and marks the start of the dispute giving rise to the claim. Earlier costs relate to matters in arbitration and are not recoverable as costs of these proceedings.

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 (detailed Assessment) / Judgment on Preliminary Issue of Proportionality and Determination of Start Point for Recoverable Costs
Outcome
Recoverable costs limited to those incurred from 30 June 2005; earlier costs not allowed.
Legal Topics
Proportionality of Costs, Detailed Assessment, Pre Action Costs, Arbitration Stay, Jurisdiction, Appropriate Procedure Under CPR Part 8
Civil Procedure Costs Proportionality of Costs Detailed Assessment Pre Action Costs Arbitration Stay Jurisdiction Appropriate Procedure Under CPR Part 8

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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 (detailed Assessment) / Judgment on Preliminary Issue of Proportionality and Determination of Start Point for Recoverable Costs

Legal Issues

  1. 1 What is the appropriate start date for recoverable costs in the detailed assessment?
  2. 2 Are costs incurred prior to the LSC's letter of 30 June 2005 recoverable as costs of these proceedings?
  3. 3 Does the background to the dispute and ongoing arbitration affect the recoverability of pre-action costs?

Ratio Decidendi

The recoverable costs in this detailed assessment are limited to those incurred from the date of the LSC's letter of 30 June 2005, as this was the first request for delivery up of all unbilled publicly funded files and marks the start of the dispute giving rise to the claim. Earlier costs relate to matters in arbitration and are not recoverable as costs of these proceedings.

Court Disposition

Recoverable costs limited to those incurred from 30 June 2005; earlier costs not allowed.

Orders

  • Costs claimed prior to 30 June 2005 are disallowed as not being costs of or incidental to these proceedings.
  • Assessment of necessity and reasonableness of costs to proceed item by item from 30 June 2005.