Rosserlane Consultants Ltd & Anor v Herbert Smith Llp [2009] EWHC 90135 (Costs) (12 February 2009)

Rosserlane Consultants Ltd & Anor v Herbert Smith Llp [2009] EWHC 90135 (Costs) (12 February 2009)

A third party applicant under s.71 Solicitors Act 1974 is not entitled as of right to inspect privileged documents belonging to the solicitor's client; privilege is not waived by consent to assessment or by partial disclosure in this context; the breakdown of costs must comply with Precedent P to allow proper scrutiny.

Source-derived case information.

Citation
[2009] EWHC 90135 (Costs)
Parties
Claimant: Rosserlane Consultants Ltd; Claimant: Swinbrook Properties Ltd; Defendant: Herbert Smith LLP
Jurisdiction
England and Wales
Judgment Date
12 February 2009
Procedural Posture
Application Under Solicitors Act 1974, S.71 for Inspection of Documents and Assessment of Solicitor's Bill / Post Hearing Judgment on Application for Inspection and Directions
Outcome
Application for inspection refused; direction for amended breakdown of costs granted.
Legal Topics
Legal Professional Privilege, Detailed Assessment of Solicitors' Bills, Third Party Rights Under Solicitors Act 1974, Disclosure and Inspection of Documents, Breakdown of Solicitors' Fees
Costs Law Solicitors' Professional Regulation Legal Professional Privilege Detailed Assessment of Solicitors' Bills Third Party Rights Under Solicitors Act 1974 Disclosure and Inspection of Documents Breakdown of Solicitors' Fees

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rosserlane Consultants Ltd

Claimant

Swinbrook Properties Ltd

Claimant

Herbert Smith LLP

Defendant

Procedural Posture

Application Under Solicitors Act 1974, S.71 for Inspection of Documents and Assessment of Solicitor's Bill / Post Hearing Judgment on Application for Inspection and Directions

Legal Issues

  1. 1 Whether a third party applicant under s.71 Solicitors Act 1974 is entitled to inspect privileged documents held by the solicitor for the client
  2. 2 Whether privilege is waived by consent to assessment or by partial disclosure
  3. 3 Adequacy of breakdown of solicitors' fees for assessment purposes

Ratio Decidendi

A third party applicant under s.71 Solicitors Act 1974 is not entitled as of right to inspect privileged documents belonging to the solicitor's client; privilege is not waived by consent to assessment or by partial disclosure in this context; the breakdown of costs must comply with Precedent P to allow proper scrutiny.

Court Disposition

Application for inspection refused; direction for amended breakdown of costs granted.

Orders

  • Application for disclosure and inspection dismissed.
  • Herbert Smith LLP to serve an amended breakdown of costs complying with Precedent P within 14 days.