Allen v Colman Coyle Llp

Allen v Colman Coyle Llp

The defendant's unreasonable refusal to mediate or negotiate constituted special circumstances under Section 70(10) Solicitors Act 1974, justifying a departure from the normal rule that the claimant pays the costs of the detailed assessment. However, the claimant was not entitled to any costs from the defendant, and the defendant was awarded two thirds of their assessed costs.

Parties
Claimant: Ian Allen; Defendant: Colman Coyle LLP
Jurisdiction
England and Wales
Judgment Date
29 June 2007
Procedural Posture
Detailed Assessment of Solicitor Client Costs / Post Assessment Costs Determination
Outcome
Defendant awarded two thirds of their assessed costs of the detailed assessment; claimant to pay £7,572.44 to the defendant.
Legal Topics
Detailed Assessment, Special Circumstances Under Solicitors Act 1974, Mediation and Negotiation in Costs Disputes
Costs Law Solicitor Client Disputes Detailed Assessment Special Circumstances Under Solicitors Act 1974 Mediation and Negotiation in Costs Disputes

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Parties

Ian Allen

Claimant

Colman Coyle LLP

Defendant

Procedural Posture

Detailed Assessment of Solicitor Client Costs / Post Assessment Costs Determination

Legal Issues

  1. 1 Whether refusal to mediate or negotiate constitutes special circumstances under Section 70(10) Solicitors Act 1974 justifying departure from the normal costs order
  2. 2 Whether the claimant should be awarded any costs due to alleged unreasonable conduct by the defendant

Ratio Decidendi

The defendant's unreasonable refusal to mediate or negotiate constituted special circumstances under Section 70(10) Solicitors Act 1974, justifying a departure from the normal rule that the claimant pays the costs of the detailed assessment. However, the claimant was not entitled to any costs from the defendant, and the defendant was awarded two thirds of their assessed costs.

Court Disposition

Defendant awarded two thirds of their assessed costs of the detailed assessment; claimant to pay £7,572.44 to the defendant.

Orders

  • Claimant to pay the defendant £7,572.44 in respect of the costs of the detailed assessment.
  • No order for costs in favour of the claimant.