header-logo header-logo

Judge expresses frustration at lack of costs safeguards

20 November 2024
Issue: 8095 / Categories: Legal News , Costs , Regulatory
printer mail-detail
A costs judge has reduced a bill claimed at nearly £260,000 to zero, in a ruling that highlights a gap in legal regulation.

Costs judge Jennifer James set out a series of problems she spotted with a 65-page bill, in Kapoor v Johal [2024] EWHC 2853 (SCCO). These included claiming more money than the law firm charged its client and creating attendance notes after the event in an attempt to justify the costs.

Costs Judge James said: ‘Having spent two days in court and as long again after the hearing reviewing the file, I have found the bill to be riddled with claims that (regrettably) I find dishonest, and unreasonable and improper.’

She referred the solicitor to the Solicitors Regulation Authority for investigation but was unable to do the same for the costs draftsman, as he was unregulated. The judge said: ‘If [he] were a costs lawyer, I would report him to the ACL [Association of Costs Lawyers], but as he is not practising in the regulated sector, I simply note that I consider his conduct also warrants investigation.’

ACL vice-chair David Bailey-Vella said the ruling ‘highlights a significant shortcoming of the current regulatory regime.

‘Costs has become a very specialist area of law and it is not for those without rigorous training and oversight. It is hard to understand why solicitors are willing to put their costs recovery at risk by not ensuring they take expert advice from properly trained and regulated professionals. That is, after all, what they advise their own clients to do.’

Bailey-Vella urged the Legal Services Board to take action to ensure regulatory safeguards are put in place. He pointed out there is no other part of the legal profession where unregulated providers working for unregulated businesses are able to do exactly the same work as regulated ones but without any of the consumer protections in place.

Issue: 8095 / Categories: Legal News , Costs , Regulatory
printer mail-details

MOVERS & SHAKERS

Russell-Cooke—Susanna Heley

Russell-Cooke—Susanna Heley

Legal director appointment bolsters public and regulatory team

Slater Heelis—five appointments

Slater Heelis—five appointments

Firm appoints training partner and four new trainees

Bolt Burdon Kemp—Natasha Orr

Bolt Burdon Kemp—Natasha Orr

Firm strengthens military claims team with senior associate hire

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
back-to-top-scroll