Ann Francis Ikin & Ors. v Shawbrook Bank Limited & Ors

Ann Francis Ikin & Ors. v Shawbrook Bank Limited & Ors

The Claimants' solicitors acted unreasonably and improperly by certifying bills containing unsupported and estimated time entries without disclosure, thereby misleading the court and inflating costs claims. This misconduct justifies disallowing 40% of the Claimants' costs and ordering the solicitors to pay 75% of the Defendants' costs of the detailed assessment proceedings.

Parties
Claimants: Ann Francis Ikin & others; Defendants: Shawbrook Bank Limited & others
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Costs Assessment / Ruling on Misconduct and Costs Sanctions After Detailed Assessment
Outcome
Claimants' solicitors found to have acted unreasonably and improperly; costs sanctions imposed.
Legal Topics
Solicitor's Duties, Costs Assessment, Misconduct in Costs Proceedings, Certification of Bills of Costs
Civil Procedure Legal Costs Solicitor's Duties Costs Assessment Misconduct in Costs Proceedings Certification of Bills of Costs

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Parties

Ann Francis Ikin & others

Claimants

Shawbrook Bank Limited & others

Defendants

Procedural Posture

Costs Assessment / Ruling on Misconduct and Costs Sanctions After Detailed Assessment

Legal Issues

  1. 1 Whether the Claimants' solicitors acted unreasonably or improperly in the preparation and certification of bills of costs
  2. 2 What proportion of costs should be disallowed as a sanction for misconduct
  3. 3 Who should bear the costs of the detailed assessment proceedings

Ratio Decidendi

The Claimants' solicitors acted unreasonably and improperly by certifying bills containing unsupported and estimated time entries without disclosure, thereby misleading the court and inflating costs claims. This misconduct justifies disallowing 40% of the Claimants' costs and ordering the solicitors to pay 75% of the Defendants' costs of the detailed assessment proceedings.

Court Disposition

Claimants' solicitors found to have acted unreasonably and improperly; costs sanctions imposed.

Orders

  • 40% of the Claimants’ costs as otherwise assessed or agreed are disallowed under CPR 44.11(2)(a).
  • Claimants’ solicitors shall pay 75% of the Defendants’ costs of the detailed assessment proceedings (including the Defendants’ application dated 14th April 2022), assessed summarily on the indemnity basis in the sum of £1 (after reduction to 75%).