Abrew v Tesco Stores Ltd. [2003] EWHC 9003 (Costs) (16 May 2003)

Abrew v Tesco Stores Ltd. [2003] EWHC 9003 (Costs) (16 May 2003)

The appropriate insurance premium was £400 based on the circumstances and market knowledge at the time; a 50% success fee was reasonable given the risks as perceived by the solicitor; the Costs Officer's assessment of detailed assessment costs should stand as the defendants' approach caused much of the additional...

Source-derived case information.

Citation
[2003] EWHC 9003 (Costs)
Parties
Claimant: Mrs Mary Abrew; Defendant: Tesco Stores Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2003
Procedural Posture
Costs Appeal / Appeal From Costs Officer's Assessment
Outcome
Defendants' appeal allowed in part (insurance premium reduced), dismissed in respect of success fee and detailed assessment costs.
Legal Topics
Insurance Premium Assessment, Success Fee Determination, Proportionality of Costs, Detailed Assessment Costs
Civil Procedure Costs Insurance Premium Assessment Success Fee Determination Proportionality of Costs Detailed Assessment Costs

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Parties

Mrs Mary Abrew

Claimant

Tesco Stores Limited

Defendant

Procedural Posture

Costs Appeal / Appeal From Costs Officer's Assessment

Legal Issues

  1. 1 Appropriate level of insurance premium
  2. 2 Reasonable success fee percentage
  3. 3 Proportionality of costs for detailed assessment

Ratio Decidendi

The appropriate insurance premium was £400 based on the circumstances and market knowledge at the time; a 50% success fee was reasonable given the risks as perceived by the solicitor; the Costs Officer's assessment of detailed assessment costs should stand as the defendants' approach caused much of the additional costs.

Court Disposition

Defendants' appeal allowed in part (insurance premium reduced), dismissed in respect of success fee and detailed assessment costs.

Orders

  • Insurance premium allowed at £400
  • Success fee allowed at 50%