MasterCigars has ushered in a new costs regime. Virginia Rylatt explains why
In MasterCigars Direct Ltd v Withers LLP [2007] EWHC 2733 (Ch), [2007] All ER (D) 385 (Nov) Mr Justice Morgan found for Withers in a landmark case that reassesses the effect of estimates, caps, margins and the Solicitors’ Costs Information and Client Care Code 1999. Given its importance, a full explanation of the facts of the case is given below.
On 6 May 2005, Withers wrote to MasterCigars Direct Ltd (MCD) giving an estimate of costs from 6 May 2005 to the end of the anticipated four-day trial which was due to start on 7 July 2005. The letter explained that:
“Although the figures are becoming relatively fearsome, it has to be said that the potential fees that might be added by bringing in Geoffrey Hobbs [barrister and QC at
One Essex Court] are a heavy burden. However, they are guesstimates only in that we cannot ask his clerk for an estimate since they do not yet have all the papers and cannot
