Giambrone & Ors v JMC Holidays [2002] EWHC 9022 (Costs) (22 March 2002)

Giambrone & Ors v JMC Holidays [2002] EWHC 9022 (Costs) (22 March 2002)

The Judge held that £1 per generic letter for paralegal work was insufficient and allowed £3.30 per letter. The 65% uplift for paralegal work, as opposed to 120% for solicitors, was upheld as appropriate. The Judge reversed the order requiring disclosure of the indemnity principle witness statement to the paying...

Source-derived case information.

Citation
[2002] EWHC 9022 (Costs)
Parties
Claimant: Anita Giambrone & Ors; Defendant: JMC Holidays
Jurisdiction
England and Wales
Judgment Date
22 March 2002
Procedural Posture
Costs Appeal / Appeal From Costs Judge's Preliminary Rulings Before Detailed Assessment
Outcome
appeal allowed in part
Legal Topics
Costs Assessment, Uplift for Fee Earners, Paralegal Work, Indemnity Principle, Disclosure of Witness Statements
Civil Procedure Costs Costs Assessment Uplift for Fee Earners Paralegal Work Indemnity Principle Disclosure of Witness Statements

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Summary, issues, holding and outcome

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Parties

Anita Giambrone & Ors

Claimant

JMC Holidays

Defendant

Procedural Posture

Costs Appeal / Appeal From Costs Judge's Preliminary Rulings Before Detailed Assessment

Legal Issues

  1. 1 Appropriate allowance for paralegal work on generic/circular letters
  2. 2 Differential uplift for paralegal versus solicitor work pre-CPR
  3. 3 Proper procedure for disclosure of witness statements regarding the indemnity principle

Ratio Decidendi

The Judge held that £1 per generic letter for paralegal work was insufficient and allowed £3.30 per letter. The 65% uplift for paralegal work, as opposed to 120% for solicitors, was upheld as appropriate. The Judge reversed the order requiring disclosure of the indemnity principle witness statement to the paying party, holding that such disclosure should first be to the judge alone in accordance with the Costs Practice Direction.

Court Disposition

appeal allowed in part

Orders

  • Allowance for paralegal work on generic letters set at £3.30 per letter
  • 65% uplift for paralegal work upheld