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 Master was wrong in law to apply a 75% reduction for misconduct under CPR 44.11. The costs certificate must be set aside to the extent it relied on that reduction.

Citation
[2022] EWHC 1678 (QB)
Parties
Appellant/claimant: John Poyser & Co Ltd; Respondent/defendant: Cynthia Spencer
Jurisdiction
England and Wales
Judgment Date
01 July 2022
Procedural Posture
Appeal / High Court Appeal From Costs Assessment
Outcome
Appeal allowed in part; Master's application of CPR 44.11 set aside.
Legal Topics
Solicitor/client Costs Assessment, CPR 44.11 Misconduct, Solicitors Act 1974 S.70, Detailed Assessment Procedure
Civil Procedure Legal Costs Solicitor/client Costs Assessment CPR 44.11 Misconduct Solicitors Act 1974 S.70 Detailed Assessment Procedure

Case Brief

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Parties

John Poyser & Co Ltd

Appellant/claimant

Cynthia Spencer

Respondent/defendant

Procedural Posture

Appeal / High Court Appeal From Costs Assessment

Legal Issues

  1. 1 Does CPR 44.11 (misconduct) apply to solicitor/client assessments under the Solicitors Act 1974?
  2. 2 Was the finding of misconduct against the Claimant justified on the facts?
  3. 3 What are the consequences for the costs certificate if CPR 44.11 does not apply?

Ratio Decidendi

CPR 44.11 does not apply to solicitor/client assessments under the Solicitors Act 1974 and CPR 46.9/46.10; the Master was wrong in law to apply a 75% reduction for misconduct under CPR 44.11. The costs certificate must be set aside to the extent it relied on that reduction.

Court Disposition

Appeal allowed in part; Master's application of CPR 44.11 set aside.

Orders

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