Madhu Kapoor (Deceased) v Harchand Johal & Ors

Madhu Kapoor (Deceased) v Harchand Johal & Ors

The Bill of Costs was assessed at nil due to serious misconduct, including breaches of the indemnity principle, improper claims for VAT, fabricated attendance notes, and claims for costs not properly recoverable. The conduct of the receiving party and their legal representatives was unreasonable and improper,...

Source-derived case information.

Parties
Paying Party: Miss Madhu Kapoor (Deceased); Receiving Party: Mr Harchand Johal; Other: Mrs Gurdev Johal (deceased); Receiving Party: Mr Baltaj Johal
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Costs Assessment / Detailed Assessment Hearing
Outcome
Bill of Costs assessed at nil; costs of detailed assessment awarded to paying party on indemnity basis.
Legal Topics
Solicitors Act Assessment, CPR Part 44.11 Misconduct, Indemnity Principle, Proportionality, Summary Assessment, VAT on Legal Costs
Civil Procedure Legal Costs Solicitors Act Assessment CPR Part 44.11 Misconduct Indemnity Principle Proportionality Summary Assessment VAT on Legal Costs

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Summary, issues, holding and outcome

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Parties

Miss Madhu Kapoor (Deceased)

Paying Party

Mr Harchand Johal

Receiving Party

Mrs Gurdev Johal (deceased)

Other

Mr Baltaj Johal

Receiving Party

Procedural Posture

Costs Assessment / Detailed Assessment Hearing

Legal Issues

  1. 1 Whether the Bill of Costs breached the indemnity principle
  2. 2 Whether costs claimed exceeded those invoiced to the receiving party
  3. 3 Whether VAT was improperly claimed

Ratio Decidendi

The Bill of Costs was assessed at nil due to serious misconduct, including breaches of the indemnity principle, improper claims for VAT, fabricated attendance notes, and claims for costs not properly recoverable. The conduct of the receiving party and their legal representatives was unreasonable and improper, warranting the sanction of complete disallowance under CPR 44.11.

Court Disposition

Bill of Costs assessed at nil; costs of detailed assessment awarded to paying party on indemnity basis.

Orders

  • Bill of Costs assessed at nil.
  • Paying party awarded costs of detailed assessment on indemnity basis as drawn (£10,314.00).