Onwubiko (t/a Grayfield Solicitors) v Yousaf & Anor [2022] EWHC 2946 (SCCO) (17 November 2022)

Onwubiko (t/a Grayfield Solicitors) v Yousaf & Anor [2022] EWHC 2946 (SCCO) (17 November 2022)

The Claimant's costs were assessed on the Indemnity Basis, with Paralegal rate applied where appropriate, Partner time largely disallowed due to lack of evidence and reasonableness, VAT allowed subject to recalculation, and costs of appeal and assessment disallowed. The First Defendant succeeded in reducing the...

Source-derived case information.

Citation
[2022] EWHC 2946 (SCCO)
Parties
Claimant: Henry Onwubiko t/a Grayfield Solicitors; First Defendant: Mohammed Yasein Yousaf; Second Defendant: Rajeswary Ramasamy; Additional Defendant: PG Solicitors t/a Edward Marshall Solicitors
Jurisdiction
England and Wales
Judgment Date
17 November 2022
Procedural Posture
Solicitors Act Assessment / Provisional Assessment and Judgment
Outcome
Claimant's costs substantially reduced; First Defendant awarded costs of assessment on Indemnity Basis.
Legal Topics
Solicitor Client Costs, Indemnity Basis Assessment, Hourly Rates, VAT Recovery, Fixed Fee Agreements, Contra Proferentem, Detailed Assessment
Costs Solicitors Act Solicitor Client Costs Indemnity Basis Assessment Hourly Rates VAT Recovery Fixed Fee Agreements Contra Proferentem +1 more

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Summary, issues, holding and outcome

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Parties

Henry Onwubiko t/a Grayfield Solicitors

Claimant

Mohammed Yasein Yousaf

First Defendant

Rajeswary Ramasamy

Second Defendant

PG Solicitors t/a Edward Marshall Solicitors

Additional Defendant

Procedural Posture

Solicitors Act Assessment / Provisional Assessment and Judgment

Legal Issues

  1. 1 Whether the Claimant was entitled to recover costs at claimed rates
  2. 2 Whether the Paralegal's rate was reasonable
  3. 3 Whether a fixed fee agreement existed

Ratio Decidendi

The Claimant's costs were assessed on the Indemnity Basis, with Paralegal rate applied where appropriate, Partner time largely disallowed due to lack of evidence and reasonableness, VAT allowed subject to recalculation, and costs of appeal and assessment disallowed. The First Defendant succeeded in reducing the Claimant's costs by more than two thirds and was awarded costs of the assessment on the Indemnity Basis.

Court Disposition

Claimant's costs substantially reduced; First Defendant awarded costs of assessment on Indemnity Basis.

Orders

  • Claimant allowed £14,410.00 profit costs plus £2,882.00 VAT, £14,500.00 Counsel's fees plus £2,900.00 VAT; all other items disallowed or reduced as per assessment.
  • First Defendant awarded costs of Solicitors Act Assessment on Indemnity Basis.