Stockinger v Highdorn Co Ltd & Ors [2001] EWHC 9004 (Costs) (5 April 2001)

Stockinger v Highdorn Co Ltd & Ors [2001] EWHC 9004 (Costs) (5 April 2001)

The claimant was entitled to the full two thirds of a solicitor's hourly rate for pre-certification work, pre-action costs for preparing the schedule of lost books were recoverable, and the rate for clerical work was reduced but the hours allowed were increased. Costs assessment must follow the Civil Procedure Rules, not general judicial discretion.

Citation
[2001] EWHC 9004 (Costs)
Parties
Claimant: Stockinger; Defendant: Highdorn Co Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
05 April 2001
Procedural Posture
Costs Appeal / Appeal From Deputy Costs Judge's Assessment
Outcome
Appeal allowed in part
Legal Topics
Assessment of Costs, Hourly Rate for Litigant in Person, Recoverability of Pre Action Costs, Appropriate Charging Rates for Clerical Work, Application of Civil Procedure Rules
Civil Procedure Costs Assessment of Costs Hourly Rate for Litigant in Person Recoverability of Pre Action Costs Appropriate Charging Rates for Clerical Work Application of Civil Procedure Rules

Case Brief

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Parties

Stockinger

Claimant

Highdorn Co Ltd & Ors

Defendant

Procedural Posture

Costs Appeal / Appeal From Deputy Costs Judge's Assessment

Legal Issues

  1. 1 Appropriate hourly rate for work done by a litigant in person before obtaining a practising certificate
  2. 2 Recoverability of costs for preparing a schedule of lost books before proceedings
  3. 3 Proper rate and hours for clerical work in calculating value of lost books

Ratio Decidendi

The claimant was entitled to the full two thirds of a solicitor's hourly rate for pre-certification work, pre-action costs for preparing the schedule of lost books were recoverable, and the rate for clerical work was reduced but the hours allowed were increased. Costs assessment must follow the Civil Procedure Rules, not general judicial discretion.

Court Disposition

Appeal allowed in part

Orders

  • Claimant awarded full two thirds of solicitor's hourly rate for pre-certification work
  • Pre-action costs for preparing schedule of lost books allowed