JOHN POYSER & CO LTD v CYNTHIA SPENCER

JOHN POYSER & CO LTD v CYNTHIA SPENCER

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 by applying a 75% reduction for misconduct. The findings of misconduct were also not justified on the facts, particularly regarding the alleged shortfall. There is no alternative basis under CPR 44.4 for such a reduction.

Parties
Appellant/claimant: John Poyser & Co Ltd; Respondent/defendant: Cynthia Spencer
Jurisdiction
England and Wales
Judgment Date
01 July 2022
Procedural Posture
Appeal (costs Assessment) / Judgment on Appeal From Costs Judge
Outcome
Appeal allowed; costs certificate set aside; matter remitted for recalculation.
Legal Topics
Solicitor/client Costs Assessment, Application of CPR 44.11, Misconduct in Costs Proceedings, Interpretation of Civil Procedure Rules, Solicitors Act 1974
Civil Procedure Costs Law Solicitor/client Costs Assessment Application of CPR 44.11 Misconduct in Costs Proceedings Interpretation of Civil Procedure Rules Solicitors Act 1974

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Parties

John Poyser & Co Ltd

Appellant/claimant

Cynthia Spencer

Respondent/defendant

Procedural Posture

Appeal (costs Assessment) / Judgment on Appeal From Costs Judge

Legal Issues

  1. 1 Does CPR 44.11 apply to solicitor/client assessments under the Solicitors Act 1974?
  2. 2 Was there misconduct by the Claimant justifying a reduction in costs?
  3. 3 Was the costs judge correct to apply a 75% reduction for misconduct?

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 by applying a 75% reduction for misconduct. The findings of misconduct were also not justified on the facts, particularly regarding the alleged shortfall. There is no alternative basis under CPR 44.4 for such a reduction.

Court Disposition

Appeal allowed; costs certificate set aside; matter remitted for recalculation.

Orders

  • Final Costs Certificate set aside.
  • Revised Final Costs Certificate to be issued reflecting only the initial reduction for reasonableness, not the 75% misconduct reduction.