McGuinness v Mawer [2022] EWHC B2 (Costs) (10 January 2022)

McGuinness v Mawer [2022] EWHC B2 (Costs) (10 January 2022)

There is no real basis for requiring the Defendant to elect to disclose the retainer or rely on other evidence, as the certified bill, Replies, and witness evidence sufficiently establish the nature and terms of the retainer. The Claimant's challenges are speculative and unsupported by evidence. The application is dismissed.

Citation
[2022] EWHC B2 (Costs)
Parties
Claimant: Spencer McGuinness; Defendant: Kevin Mawer
Jurisdiction
England and Wales
Judgment Date
10 January 2022
Procedural Posture
Costs Assessment / Interlocutory Application Prior to Detailed Assessment Hearing
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 / Interlocutory Application Prior to Detailed Assessment Hearing

Legal Issues

  1. 1 Whether the Defendant should be put to election regarding disclosure of the retainer with Ward Hadaway under Practice Direction 47, paragraph 13.13
  2. 2 Whether the retainer is a Conditional Fee Agreement (CFA) and the implications for disclosure and recoverability of costs

Ratio Decidendi

There is no real basis for requiring the Defendant to elect to disclose the retainer or rely on other evidence, as the certified bill, Replies, and witness evidence sufficiently establish the nature and terms of the retainer. The Claimant's challenges are speculative and unsupported by evidence. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • The Defendant is not required to elect to disclose the retainer or rely on other evidence.
  • No order for further witness statement or documentary evidence from the Defendant.