header-logo header-logo

Civil litigation

18 January 2008
Issue: 7304 / Categories: Case law , Law digest
printer mail-detail

Crane v Canons Leisure Centre [2007] EWCA Civ 1352, [2007] All ER (D) 281 (Dec)

The distinction between “base costs” and “disbursements” in a collective conditional fee agreement is between:

(i) charges by the solicitors for work which they themselves do or for which they are directly responsible; and

(ii) expenses which they incur for the client, some of which are for other people’s work for which they are not directly responsible and which they simply pass on to the client at cost.

If solicitors properly choose to delegate their own work, they remain entitled to charge on their own account and the proper amount of the charge is not necessarily the same as the amount which they pay to their subcontractor (per Lord Justice May, at para 14, with whom Lady Justice Hallett agreed).

It followed that the fees of costs consultants who conducted a detailed costs assessment were doing solicitors’ work, for which the solicitors remain liable to their client, and so the fees were properly described as profit costs, not disbursements (and a success

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll