Jemma Trust Co Ltd v Liptrott & Forrester (No.2) [2004] EWHC 90035 (Costs) (17 June 2004)

Jemma Trust Co Ltd v Liptrott & Forrester (No.2) [2004] EWHC 90035 (Costs) (17 June 2004)

The Costs Judge was not precluded from considering value separately after fixing hourly rates, and his conclusion that the time spent was reasonable was open to him on the evidence; insufficient reasoning did not render the judgment unsustainable.

Citation
[2004] EWHC 90035 (Costs)
Parties
Claimant: Jemma Trust Co Ltd; Defendants: Liptrott & Forrester
Jurisdiction
England and Wales
Judgment Date
17 June 2004
Procedural Posture
Costs Appeal / Appeal From Costs Judge's Assessment
Outcome
appeal dismissed
Legal Topics
Assessment of Costs, Hourly Rate Determination, Attendance Notes, Reasonableness of Time Spent

Case Brief

Summary, issues, holding and outcome

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Parties

Jemma Trust Co Ltd

Claimant

Liptrott & Forrester

Defendants

Procedural Posture

Costs Appeal / Appeal From Costs Judge's Assessment

  1. 1 Whether the Costs Judge was precluded from taking 'value' into account separately after fixing hourly rates
  2. 2 Whether insufficient reasoning rendered the judgment unsustainable
  3. 3 Obligation to keep attendance notes for non-contentious work

Ratio Decidendi

The Costs Judge was not precluded from considering value separately after fixing hourly rates, and his conclusion that the time spent was reasonable was open to him on the evidence; insufficient reasoning did not render the judgment unsustainable.

Court Disposition

appeal dismissed

Orders

  • Judgment in favour of defendants for a higher figure than contended by claimant but lower than previously allowed
  • No interference with Costs Judge's assessment