31 October 2025
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
The Court of Appeal in Samsung Electronics v LG Display and Saipem SPA v Petrofac reaffirmed that vague claims of complexity or scale are inadequate. Judges expect 'clear and compelling justification'—specific evidence of novelty, urgency or extraordinary difficulty. Without it, the GHR remain the benchmark.
Houghton emphasises that even in high-value commercial work, mere references to large bundles or importance won’t suffice. Courts demand transparency on why rates are proportionate and reasonable, not inflated.
Her message to practitioners is sharp: exceptional fees require exceptional evidence—or risk judicial pruning at assessment. Simply saying 'big case, big fee' no longer cuts it.
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