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18 January 2008
Issue: 7304 / Categories: Case law , Law digest
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Civil litigation

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

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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