Turner v Coupland Cavendish Ltd [2025] EWHC 1605 (KB) (26 June 2025)

Turner v Coupland Cavendish Ltd [2025] EWHC 1605 (KB) (26 June 2025)

The threshold for ordering answers to Part 18 requests in solicitor own client costs assessments is whether the information relates to a matter in dispute; there is no requirement for the client to establish a positive case or suspicion. The solicitor's fiduciary duty and obligation to account require full disclosure of financial transactions, including payments to third parties such as the Gibraltar-based company. The Costs Judge erred in applying a higher threshold and in refusing to order the provision of information regarding both the Part 18 requests and the Gibraltar company.

Citation
[2025] EWHC 1605 (KB)
Parties
Appellant: Stephen Turner; Respondent: Coupland Cavendish Limited
Jurisdiction
England and Wales
Judgment Date
26 June 2025
Procedural Posture
Appeal (costs Assessment) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Solicitor Own Client Assessment, Part 18 Requests, Cash Account Disputes, Undisclosed Commissions, Fiduciary Duties, ATE Insurance Premiums
Civil Procedure Legal Costs Solicitor Own Client Assessment Part 18 Requests Cash Account Disputes Undisclosed Commissions Fiduciary Duties ATE Insurance Premiums

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Parties

Stephen Turner

Appellant

Coupland Cavendish Limited

Respondent

Procedural Posture

Appeal (costs Assessment) / Appeal Judgment

Legal Issues

  1. 1 Whether the Costs Judge erred in refusing to order the Respondent to provide replies to Part 18 requests concerning the cash account and potential undisclosed commissions.
  2. 2 Whether the Costs Judge was wrong to refuse to order the Respondent to provide information relating to a Gibraltar-based company (AJG Limited) to which a payment was made from the Appellant's compensation.

Ratio Decidendi

The threshold for ordering answers to Part 18 requests in solicitor own client costs assessments is whether the information relates to a matter in dispute; there is no requirement for the client to establish a positive case or suspicion. The solicitor's fiduciary duty and obligation to account require full disclosure of financial transactions, including payments to third parties such as the Gibraltar-based company. The Costs Judge erred in applying a higher threshold and in refusing to order the provision of information regarding both the Part 18 requests and the Gibraltar company.

Court Disposition

Appeal allowed

Orders

  • Respondent to provide full replies to the Appellant's Part 18 requests served on 18 July 2022.
  • Respondent to provide information regarding the Gibraltar-based company (AJG Limited) to which a payment was made from the Appellant's compensation.