Radcliffe, Re

Solicitor receivers are not entitled to recover costs for inter-office communications and routine bill payments unless expressly authorised; in this case, the relevant order and Practice Note permit recovery for general management costs, but only as assessed.

Parties: Patient: Leighanne Radcliffe; Former Receiver: Chief Executive of the Public Guardianship Office; Receiver: Mr Gordon Watson (Brooke North)
Jurisdiction: England and Wales
Judgment Date: 20 December 2004
Procedural Posture: Costs Assessment / Appeal From Costs Officer's Assessment
Outcome: Appeal dismissed in substance; minor adjustments to costs allowed.
Legal Topics: Receivership, Solicitor Costs, Professional Remuneration, Assessment of Costs

Court of Protection Costs Receivership Solicitor Costs Professional Remuneration Assessment of Costs

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4

Parties

Leighanne Radcliffe

Patient

Chief Executive of the Public Guardianship Office

Former Receiver

Mr Gordon Watson (Brooke North)

Receiver

Procedural Posture

Costs Assessment / Appeal From Costs Officer's Assessment

Legal Issues

1 Whether inter-office communications and discussions between fee earners are recoverable as costs
2 Whether costs for short letters paying routine bills are recoverable
3 Whether a panel receiver's costs should be limited to legal costs

Ratio Decidendi

Court Disposition

Appeal dismissed in substance; minor adjustments to costs allowed.

Orders

Final costs certificate to reflect figures allowed by the judge, not the costs officer.
Receiver's costs of the appeal not allowed, subject to further argument if requested.