Jemma Trust Company Ltd v Liptrott & Ors [2003] EWCA Civ 1476 (24 October 2003)

Jemma Trust Company Ltd v Liptrott & Ors [2003] EWCA Civ 1476 (24 October 2003)

Solicitors may charge a separate value element in addition to hourly rates in estate administration, provided the overall remuneration is fair and reasonable and value is not charged twice; regressive scale should be used for high-value estates; judge erred in excluding value element entirely and in not sufficiently...

Source-derived case information.

Citation
[2003] EWCA Civ 1476
Parties
Claimant/respondent: JEMMA TRUST COMPANY Ltd; First Defendant/appellant: Peter D'Arcy Liptrott; Second Defendant/appellant: John Forrester; Third Defendant/appellant: Kippax Beaumont Lewis; Interested Party: The Law Society
Jurisdiction
England and Wales
Judgment Date
24 October 2003
Procedural Posture
Appeal / Court of Appeal Judgment on Preliminary Issue Remitted to Costs Judge
Outcome
Appeal allowed
Legal Topics
Solicitors' Charges, Non Contentious Business, Assessment of Costs, Value Element in Costs, Hourly Rate Uplift
Costs Probate Solicitors' Remuneration Solicitors' Charges Non Contentious Business Assessment of Costs Value Element in Costs Hourly Rate Uplift

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

JEMMA TRUST COMPANY Ltd

Claimant/respondent

Peter D'Arcy Liptrott

First Defendant/appellant

John Forrester

Second Defendant/appellant

Kippax Beaumont Lewis

Third Defendant/appellant

The Law Society

Interested Party

Procedural Posture

Appeal / Court of Appeal Judgment on Preliminary Issue Remitted to Costs Judge

Legal Issues

  1. 1 Whether solicitors can charge both hourly rates and a value-based fee in estate administration absent agreement
  2. 2 How value element fees should be calculated (regressive scale)
  3. 3 Whether the judge assessed an appropriate hourly rate if no separate value charge is allowed

Ratio Decidendi

Solicitors may charge a separate value element in addition to hourly rates in estate administration, provided the overall remuneration is fair and reasonable and value is not charged twice; regressive scale should be used for high-value estates; judge erred in excluding value element entirely and in not sufficiently accounting for estate value in hourly rate uplift.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to Costs Judge Rogers for reassessment in light of Court of Appeal guidance