MacDougall & Ors v Boote Edgar Esterkin [2000] EWHC 9015 (Costs) (12 October 2000)

MacDougall & Ors v Boote Edgar Esterkin [2000] EWHC 9015 (Costs) (12 October 2000)

The solicitors failed to secure informed consent from the claimants for the proposed charging rate, as the necessary information and explanation were not provided. Therefore, the court must fix a reasonable hourly rate for the solicitors' costs.

Citation
[2000] EWHC 9015 (Costs)
Parties
Claimant: MacDougall & Ors; Solicitor: Boote Edgar Esterkin; Defendant (in Underlying Property Dispute): Wrexham Maelor Borough Council
Jurisdiction
England and Wales
Judgment Date
12 October 2000
Procedural Posture
Costs Assessment / Appeal From Costs Judge to High Court (senior Courts Costs Office)
Outcome
Solicitors' claimed rate of £300 per hour not allowed; court fixed reasonable hourly rates.
Legal Topics
Solicitor Client Costs, Party and Party Costs, Assessment of Costs, Informed Consent in Costs Agreements
Civil Procedure Costs Law Solicitor Client Costs Party and Party Costs Assessment of Costs Informed Consent in Costs Agreements

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Parties

MacDougall & Ors

Claimant

Boote Edgar Esterkin

Solicitor

Wrexham Maelor Borough Council

Defendant (in Underlying Property Dispute)

Procedural Posture

Costs Assessment / Appeal From Costs Judge to High Court (senior Courts Costs Office)

Legal Issues

  1. 1 Whether claimants gave informed consent to solicitors' charging rate of £300 per hour for past and prospective work under Order 62 rule 15(2)
  2. 2 What is the reasonable hourly rate to be fixed for solicitors' costs in absence of informed consent

Ratio Decidendi

The solicitors failed to secure informed consent from the claimants for the proposed charging rate, as the necessary information and explanation were not provided. Therefore, the court must fix a reasonable hourly rate for the solicitors' costs.

Court Disposition

Solicitors' claimed rate of £300 per hour not allowed; court fixed reasonable hourly rates.

Orders

  • Hourly rate for work done up to 4 August fixed at £171 per hour (party and party taxation rate with 90% uplift).
  • Hourly rate for work done after 4 August fixed at £250 per hour (150% uplift).