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
Legal Issues
- 1 Whether the Costs Judge was precluded from taking 'value' into account separately after fixing hourly rates
- 2 Whether insufficient reasoning rendered the judgment unsustainable
- 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
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