A SUMMARY ASSESSMENT OF COSTS: HOW IT WORKS IN PRACTICE: THERE IS NO POINT ARGUING ISSUES OF PROPORTIONALITY WHEN INDEMNITY COSTS HAVE BEEN ORDERED
Whenever I report on an assessment of costs, for reasons that can only be guessed at, that post is always widely read. The judgment of HHJ Davis-White QC in Goodwin v Avison & Ors  EWHC 2754 (Ch) involves the assessment of costs of two firms of solicitors. It contains interesting points in relation to hourly rates, the guidelines and the futility of arguing issues of proportionality when costs are being paid on an indemnity basis.
Two firms of solicitors had been joined into an action in relation to the validity of a will. Discovery was sought in relation to the solicitors’ files. The judge ordered that the applicant pay the solicitors’ costs, primarily, on an indemnity basis. The judge made a separate judgment assessing those costs.