Cohen v Fine & Ors

Cohen v Fine & Ors

The District Judge erred in law and procedure by failing to conduct an item-by-item assessment of the claimant's costs and instead imposed an arbitrary global figure, contrary to binding authority. The appeal court substituted its own summary assessment after a detailed review of the costs statement.

Parties
Claimant: Harvey Cohen (as executor of Eric Hermes, Deceased); First Defendant: Marion Fine; Second Defendant: Shelley Hermes; Third Defendant: Jonathan Hermes
Jurisdiction
England and Wales
Judgment Date
01 December 2020
Procedural Posture
Civil Appeal / Appeal From Summary Assessment of Costs
Outcome
Appeal allowed
Legal Topics
Summary Assessment of Costs, Indemnity Basis Costs, Guideline Hourly Rates, Appeal Procedure
Civil Procedure Probate Costs Summary Assessment of Costs Indemnity Basis Costs Guideline Hourly Rates Appeal Procedure

Case Brief

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Parties

Harvey Cohen (as executor of Eric Hermes, Deceased)

Claimant

Marion Fine

First Defendant

Shelley Hermes

Second Defendant

Jonathan Hermes

Third Defendant

Procedural Posture

Civil Appeal / Appeal From Summary Assessment of Costs

Legal Issues

  1. 1 What is the correct approach to summary assessment of costs for an executor assessed on the indemnity basis?
  2. 2 Did the District Judge err in law or procedure in her summary assessment of costs?
  3. 3 Should the appeal court remit the costs for detailed assessment or substitute its own assessment?

Ratio Decidendi

The District Judge erred in law and procedure by failing to conduct an item-by-item assessment of the claimant's costs and instead imposed an arbitrary global figure, contrary to binding authority. The appeal court substituted its own summary assessment after a detailed review of the costs statement.

Court Disposition

Appeal allowed

Orders

  • District Judge’s summary assessment of costs in the sum of £27,000 set aside
  • Claimant’s costs of and leading up to the hearing before the District Judge summarily assessed at £35,703