John Poyser & Co Ltd v Spencer [2022] EWHC 1678 (QB) (01 July 2022)

John Poyser & Co Ltd v Spencer [2022] EWHC 1678 (QB) (01 July 2022)

CPR 44.11 does not apply to solicitor/client assessments under the Solicitors Act 1974 and CPR 46.9/46.10; the costs judge erred in law in applying a 75% reduction for misconduct. The statutory and procedural framework for solicitor/client assessments does not confer jurisdiction to impose such a penalty. The appeal is allowed and the reduction is set aside.

Citation
[2022] EWHC 1678
Parties
Appellant/claimant: John Poyser & Co Ltd; Respondent/defendant: Cynthia Spencer
Jurisdiction
England and Wales
Judgment Date
01 July 2022
Procedural Posture
Appeal From Costs Assessment (solicitor/client) / High Court (queen's Bench Division) on Appeal From Senior Courts Costs Office
Outcome
Appeal allowed
Legal Topics
Solicitor/client Costs Assessment, CPR 44.11 Misconduct, Solicitors Act 1974 S.70, Detailed Assessment Procedure, Jurisdiction of Costs Judge
Civil Procedure Legal Costs Professional Regulation Solicitor/client Costs Assessment CPR 44.11 Misconduct Solicitors Act 1974 S.70 Detailed Assessment Procedure Jurisdiction of Costs Judge

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Parties

John Poyser & Co Ltd

Appellant/claimant

Cynthia Spencer

Respondent/defendant

Procedural Posture

Appeal From Costs Assessment (solicitor/client) / High Court (queen's Bench Division) on Appeal From Senior Courts Costs Office

Legal Issues

  1. 1 Does CPR 44.11 (misconduct) apply to solicitor/client assessments under the Solicitors Act 1974 and CPR 46.9/46.10?
  2. 2 Did the costs judge err in law or fact in applying a 75% reduction for misconduct?
  3. 3 What is the correct approach to alleged overcharging and shortfall in client crediting?

Ratio Decidendi

CPR 44.11 does not apply to solicitor/client assessments under the Solicitors Act 1974 and CPR 46.9/46.10; the costs judge erred in law in applying a 75% reduction for misconduct. The statutory and procedural framework for solicitor/client assessments does not confer jurisdiction to impose such a penalty. The appeal is allowed and the reduction is set aside.

Court Disposition

Appeal allowed

Orders

  • The 75% reduction for misconduct is set aside.
  • The final costs certificate is to be recalculated without the CPR 44.11 penalty.