Costs
McGivern v MBR Acres Ltd and others [2026] EWCA Civ 1202
The Court of Appeal, Civil Division, allowed the appellant solicitor’s second appeal against the order of Sweeting J, who had dismissed her appeal against Costs Judge Whalan’s determination that her recoverable costs from the respondent were limited to Sch 4 rates under the Criminal Legal Aid (Remuneration) Regulations 2013. The case concerned recovery of costs by a legally aided successful party in civil contempt proceedings, following an indemnity costs order made against the respondent after the committal application was dismissed as ‘totally without merit’. The court held, unanimously, that s 30(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 does not disapply the indemnity principle, and that the decision in Willis v Redbridge Health Authority remains binding. However, the court unanimously held that the conditional fee agreement entered into between the appellant and her solicitors created a genuine legal liability on her part to pay inter partes rates, against which she was entitled to be indemnified by the respondent, and that this arrangement did not contravene
