WHEN MISCONDUCT ON ASSESSMENT LEADS TO NO AWARD OF COSTS

It is illuminating to read two reports of the case of Farmer -v- the Chief Constable of Lancashire, where a party’s conduct on assessment led to no award of costs being made. Indeed the claimant was ordered to pay the costs of the assessment.

THE REPORTS

The case in reported by Hill Dickinson “Claimant’s costs disallowed in full on the grounds of misconduct”

The report described how a bill of £174,565.79 was presented. The court found that the solicitor’s conduct was “unreasonable and improper” and in breach of the CPR.  This conduct warranted disallowance of the entire bill.  The claimant was also ordered to pay the defendant’s costs of the assessment and repay previous interim payments on costs.

The case is expanded in Litigation Futures “Claimant loses all costs after assessment misconduct”

This report carries notes of the comments of the defendant’s solicitor.

“It was also noted that the claimant had produced numerous, certified documents which had been signed without any proper regard or fact-check that matters were dealt with properly.”