McGuinness v Mawer [2021] EWHC B29 (Costs) (29 December 2021)

McGuinness v Mawer [2021] EWHC B29 (Costs) (29 December 2021)

There is no real basis for requiring the Defendant to disclose the retainer or elect to rely on other evidence, as the bill is properly certified, the evidence provided is sufficient, and the Claimant's challenges are speculative and unfounded.

Citation
[2021] EWHC B29 (Costs)
Parties
Claimant: Spencer McGuinness; Defendant: Kevin Mawer
Jurisdiction
England and Wales
Judgment Date
29 December 2021
Procedural Posture
Costs Assessment / Application for Disclosure/election Regarding Retainer
Outcome
Application dismissed
Legal Topics
Conditional Fee Agreements, Retainer Disclosure, Indemnity Principle, Detailed Assessment, Bankruptcy Costs
Civil Procedure Costs Conditional Fee Agreements Retainer Disclosure Indemnity Principle Detailed Assessment Bankruptcy Costs

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Parties

Spencer McGuinness

Claimant

Kevin Mawer

Defendant

Procedural Posture

Costs Assessment / Application for Disclosure/election Regarding Retainer

Legal Issues

  1. 1 Whether the Defendant should be required to elect to disclose the retainer or rely on other evidence under Practice Direction 47, paragraph 13.13
  2. 2 Whether the retainer is a Conditional Fee Agreement (CFA) and the consequences thereof
  3. 3 Whether there is any real basis for doubting the certification of the bill of costs

Ratio Decidendi

There is no real basis for requiring the Defendant to disclose the retainer or elect to rely on other evidence, as the bill is properly certified, the evidence provided is sufficient, and the Claimant's challenges are speculative and unfounded.

Court Disposition

Application dismissed

Orders

  • The Claimant's application for the Defendant to be put to an election as to disclosure of the retainer is dismissed.