Lake v Hunt Kid Law Firm LLP [2011] EWHC 766 (QB) (30 March 2011)

Lake v Hunt Kid Law Firm LLP [2011] EWHC 766 (QB) (30 March 2011)

Article 14 of the 1994 Order does not confer a discretionary power on the court to reduce or disallow interest properly claimed by a solicitor on unpaid costs; interest is payable strictly in accordance with the Order if its requirements are met; section 35A Senior Courts Act 1981 does not apply to these proceedings and does not provide a basis for reduction or disallowance of such interest.

Citation
[2011] EWHC 766
Parties
Claimant/appellant: Thomas Lake; Defendant/respondent: Hunt Kid Law Firm LLP (in Administration)
Jurisdiction
England and Wales
Judgment Date
30 March 2011
Procedural Posture
Appeal From Detailed Assessment of Solicitor's Bill of Costs / High Court, Queen's Bench Division, Post Detailed Assessment Appeal
Outcome
Appeal dismissed
Legal Topics
Solicitor's Bills, Interest on Costs, Detailed Assessment, Solicitors' (non Contentious Business) Remuneration Order 1994, Section 35 a Senior Courts Act 1981
Costs Law Legal Profession Solicitor's Bills Interest on Costs Detailed Assessment Solicitors' (non Contentious Business) Remuneration Order 1994 Section 35 a Senior Courts Act 1981

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Parties

Thomas Lake

Claimant/appellant

Hunt Kid Law Firm LLP (in Administration)

Defendant/respondent

Procedural Posture

Appeal From Detailed Assessment of Solicitor's Bill of Costs / High Court, Queen's Bench Division, Post Detailed Assessment Appeal

Legal Issues

  1. 1 Whether Article 14 of the Solicitors' (Non-Contentious Business) Remuneration Order 1994 confers a discretion on the court to reduce or disallow interest claimed by a solicitor on unpaid costs
  2. 2 Whether section 35A of the Senior Courts Act 1981 provides a basis to reduce or disallow such interest
  3. 3 Whether interest should be awarded to the appellant on costs awarded in his favour

Ratio Decidendi

Article 14 of the 1994 Order does not confer a discretionary power on the court to reduce or disallow interest properly claimed by a solicitor on unpaid costs; interest is payable strictly in accordance with the Order if its requirements are met; section 35A Senior Courts Act 1981 does not apply to these proceedings and does not provide a basis for reduction or disallowance of such interest.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; respondent entitled to interest as assessed; parties to file written submissions on costs of the appeal by 4.00pm 1 April 2011.