Legal Services
Bill of Argument
Four clients—equal division?
You don’t have to be a costs addict to extract some thrills out of Meretz Investments NV and another v ACP Ltd and others [2007] EWCA Civ 1303 [2007], All ER (D) 156 (Dec).
First thrill
The receiving parties’ bill for assessment covered four clients who were represented by the same solicitors but the bill did not split the work between them. Mr Justice Warren upheld a decision to divide the costs equally between those clients. The general rule of thumb where there was no express agreement concerning division, was to divide equally. However, where costs could be shown to be attributable to one party rather than another, the liability fell on that party.
Second thrill
The receiving parties had had a factual witness who was a property lawyer with the solicitors representing them. He had advised in relation to the transactions which had given rise to the litigation.
The lawyer witness did three things—gave factual evidence, assisted the litigators to prepare
