AB v Spicer [2023] EWHC 321 (KB) (07 December 2023)

AB v Spicer [2023] EWHC 321 (KB) (07 December 2023)

The Claimant is entitled to costs assessed on the indemnity basis, but only at or below the National 2 Guideline Hourly Rates due to lack of justification for higher rates. Some hours claimed were reduced where unreasonable, and only one fee earner's attendance at hearings was allowed. The total costs allowed are £34,454.56 including VAT.

Citation
[2023] EWHC 321 (KB)
Parties
Claimant: AB; Defendant: Michelle Spicer
Jurisdiction
England and Wales
Judgment Date
07 December 2023
Procedural Posture
Committal Application for Contempt of Court (civil) / Assessment of Indemnity Costs Following Suspended Committal Order
Outcome
Costs assessed and allowed in the sum of £34,454.56 in favour of the Claimant.
Legal Topics
Assessment of Costs, Indemnity Costs, Guideline Hourly Rates, Committal Proceedings
Civil Procedure Contempt of Court Assessment of Costs Indemnity Costs Guideline Hourly Rates Committal Proceedings

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Parties

AB

Claimant

Michelle Spicer

Defendant

Procedural Posture

Committal Application for Contempt of Court (civil) / Assessment of Indemnity Costs Following Suspended Committal Order

Legal Issues

  1. 1 What costs are recoverable by the Claimant on an indemnity basis following a successful committal application for contempt of court?
  2. 2 Are the hourly rates and hours claimed by the Claimant's solicitors reasonable and within guideline rates?

Ratio Decidendi

The Claimant is entitled to costs assessed on the indemnity basis, but only at or below the National 2 Guideline Hourly Rates due to lack of justification for higher rates. Some hours claimed were reduced where unreasonable, and only one fee earner's attendance at hearings was allowed. The total costs allowed are £34,454.56 including VAT.

Court Disposition

Costs assessed and allowed in the sum of £34,454.56 in favour of the Claimant.

Orders

  • Defendant to pay Claimant's costs assessed at £34,454.56.