GB - Hurst & Anor v Denton-Cox

Judgment

Thursday, 16 October 2014

MR JUSTICE NUGEE:

I have before me an appeal against Master Rowley sitting as a costs judge, who was conducting a detailed assessment ordered by Proudman J on 23 February 2011 when she made an order on the application of the defendant, Mr Denton-Cox, striking out the claim of the claimant, Mrs Hurst, which was a claim brought in professional negligence against Mr Denton-Cox, he being the barrister who had previously represented her. Proudman J made an order in paragraph 3 that, save for the costs of the bundle to be assessed on the standard basis, the claimant pay the defendant's costs of the action on the indemnity basis, to be subject to a detailed assessment if not agreed and that within 21 days the claimant should make an interim payment of £8,000 in relation to the costs of the action.

That detailed assessment initially came before a costs officer in October 2012 and then before Master Howarth on 21 January 2013. He, in the event, was not satisfied, either with the form of the bill of costs which had been lodged by Mr Denton-Cox's solicitors, Browne Jacobson, nor with one of the matters which was in contention at that stage, and he adjourned the hearing to come back before him on 2 September 2013. That hearing was not in itself effective for reasons that I will come to no doubt later today and was relisted before Master Rowley who heard the matter on 18 December 2013.

One of the points taken by Mr Hurst, the claimant's husband, who is a solicitor and who acted for her in these proceedings and has appeared before me, was that for the hearing on 21 January 2013, a schedule of costs was provided by Browne Jacobson. That costs schedule was a short, two page cost schedule and contains at the bottom a statement that "The costs stated above do not exceed the costs which the defendant is liable to pay in respect of the work which is stated", and is signed in the name of Browne Jacobson LLP without identifying the individual partner who signed it on behalf of the firm.

That sets out, among other costs that are claimed under the statement, under "Estimated future costs - travel and waiting", five hours for LH, who is Laura Hackney, who is a costs draftsman employed by Browne Jacobson, charged at £550 and, under disbursements, a return train fare of £183.25. In the event, because Master Howarth adjourned the hearing and ordered the defendants to pay the costs of the abortive hearing on 21 January, no use was made of that

Judgment

Thursday, 16 October 2014

MR JUSTICE NUGEE:

Hurst & Anor v Denton-Cox

Areas of Law