Bensusan v Freedman [2001] EWHC 9001 (Costs) (20 September 2001)

Bensusan v Freedman [2001] EWHC 9001 (Costs) (20 September 2001)

The instruction of specialist solicitors in Nantwich was not objectively reasonable but resulted in no additional cost to the Defendant for the claim itself; the case was straightforward and suitable for a grade 2 fee earner; the appropriate success fee under the CFA is 20% given the low complexity and quick settlement; costs must be assessed on this basis.

Citation
[2001] EWHC 9001 (Costs)
Parties
Claimant: Julia Bensusan; Defendant: Mr Freedman
Jurisdiction
England and Wales
Judgment Date
20 September 2001
Procedural Posture
Costs Assessment Following Settlement of Clinical Negligence Claim / Detailed Assessment of Costs After Settlement and Costs Only Proceedings
Outcome
Costs assessed; success fee reduced to 20%; specific reductions made to claimed costs.
Legal Topics
Conditional Fee Agreements, Success Fees, Assessment of Costs, Venue and Solicitor Location, Fee Earner Grade
Civil Procedure Clinical Negligence Costs Conditional Fee Agreements Success Fees Assessment of Costs Venue and Solicitor Location Fee Earner Grade

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Parties

Julia Bensusan

Claimant

Mr Freedman

Defendant

Procedural Posture

Costs Assessment Following Settlement of Clinical Negligence Claim / Detailed Assessment of Costs After Settlement and Costs Only Proceedings

Legal Issues

  1. 1 Whether the instruction of distant specialist solicitors was reasonable and recoverable in costs
  2. 2 Appropriate grade of fee earner for the claim
  3. 3 Reasonableness and quantum of the success fee under the CFA

Ratio Decidendi

The instruction of specialist solicitors in Nantwich was not objectively reasonable but resulted in no additional cost to the Defendant for the claim itself; the case was straightforward and suitable for a grade 2 fee earner; the appropriate success fee under the CFA is 20% given the low complexity and quick settlement; costs must be assessed on this basis.

Court Disposition

Costs assessed; success fee reduced to 20%; specific reductions made to claimed costs.

Orders

  • Success fee limited to 20% of base costs.
  • Grade 2 fee earner rate of £110 per hour allowed.