header-logo header-logo

Solicitors pay for duplicating work done by counsel

28 May 2019
Issue: 7842 / Categories: Legal News , Costs , Profession , Costs
printer mail-detail
The Court of Appeal has warned solicitors not to duplicate the work done by counsel, after drastically reducing recoverable costs in an appeal against a costs order.

The Master of the Rolls, Sir Terence Etherton and Lord Justice Leggatt criticised solicitors AMZ Law for submitting £71,072 costs, and cut the recoverable costs to £13,000. Leggatt LJ said, in his view, a reasonable allowance for the costs incurred by the solicitors on the appeal would be £4,500 (representing 20 hours of work at an hourly rate of £225).

He said counsel’s fees of £6,662.50 for both advice and the hearing were ‘reasonable and proportionate’. However, AMZ Law’s costs included ‘very large sums which appear, on their face, to be manifestly unreasonable as between themselves and their clients, let alone as costs claimed from the respondents’.

Delivering the lead judgment, Leggatt LJ said: ‘Where both counsel and solicitors have been instructed on a short appeal, the reasonable fees of counsel are likely to exceed the reasonable fees of the solicitor, the main element of the solicitor's work is to instruct counsel and prepare the appeal bundle, and there is usually no reason for the solicitor to spend many hours perusing papers or to work on legal submissions when the legal argument is being handled by counsel.’

The case, Jofa & Anor v Benherst Finance & Anor [2019] EWCA Civ 899, concerned an appeal against a costs order for £23,000. The High Court had ordered Jofa, a small building company, to pay a proportion of Benherst’s costs of applying for a Norwich Pharmacal order requiring the builder to disclose documents. Jofa was successful and costs were summarily assessed.

Issue: 7842 / Categories: Legal News , Costs , Profession , Costs
printer mail-details

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
back-to-top-scroll