Jemma Trust Company Ltd v Liptrott & Ors

Jemma Trust Company Ltd v Liptrott & Ors

Solicitors may, in non-contentious probate work, charge both for time spent and a value-based fee, provided the overall remuneration is fair and reasonable and value is not charged twice. The value element should usually be calculated on a regressive scale, and the costs judge must ensure no double counting and that the total is fair and reasonable.

Parties
Claimant/respondent: Jemma Trust Company Ltd; First Defendant: Peter D’Arcy Liptrott; Second Defendant: John Forrester; Third Defendants/appellants: Kippax Beaumont Lewis; Interested Party: The Law Society
Jurisdiction
England and Wales
Judgment Date
24 October 2003
Procedural Posture
Civil Appeal / Appeal From Supreme Court Costs Office on Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Solicitors' Remuneration, Non Contentious Business, Assessment of Costs, Value Element in Costs, Hourly Rate in Costs, Probate Administration Charges
Costs Law Probate Law Solicitors' Remuneration Non Contentious Business Assessment of Costs Value Element in Costs Hourly Rate in Costs Probate Administration Charges

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Parties

Jemma Trust Company Ltd

Claimant/respondent

Peter D’Arcy Liptrott

First Defendant

John Forrester

Second Defendant

Kippax Beaumont Lewis

Third Defendants/appellants

The Law Society

Interested Party

Procedural Posture

Civil Appeal / Appeal From Supreme Court Costs Office on Preliminary Issue

Legal Issues

  1. 1 Are solicitors entitled, absent agreement, to charge both for time spent and a value-based fee in estate administration?
  2. 2 If so, how should the value element be calculated?
  3. 3 Was the hourly rate assessed appropriately if no separate value charge is allowed?

Ratio Decidendi

Solicitors may, in non-contentious probate work, charge both for time spent and a value-based fee, provided the overall remuneration is fair and reasonable and value is not charged twice. The value element should usually be calculated on a regressive scale, and the costs judge must ensure no double counting and that the total is fair and reasonable.

Court Disposition

Appeal allowed

Orders

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