header-logo header-logo

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

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 fee was therefore payable on them).

 

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll