CL-2022-000699 - [2025] EWHC 1948 (Comm)

The Claimants seek to recover a sum of £94,159.75 comprised of £59,862.75 for solicitor time costs and £34,297.00 for counsels’ fees and other disbursements.

The Second Defendant challenges the level of these costs on the basis:

Dealing with the first two points raised by the Second Defendant, it is common ground that this is complex and substantial litigation. But that on its own does not justify hourly rates substantially in excess of the guideline rates. However, the guideline rates are also a starting point, they do not operate as a cap. It is also correct that I have no evidence as to the rates being charged by the Second Defendant’s legal representatives. Doing the best I can, I reduce the overall cost claimed for fee-earner time to £50,000. I make a further reduction of £4,000 in respect of the time for preparation of Mr. Yardley’s third witness statement, which does seem to be excessive in the absence of further explanation. The costs recoverable for the time of fee earners are assessed at £46,000.

So far as the costs of counsel are concerned, there is considerable force to the submission that it was not necessary for the Claimants to instruct leading counsel for the hearing notwithstanding the level of very helpful assistance to the Court provided by Mr. Barden KC. It is not, however, appropriate for me to simply deduct Mr. Barden’s fees. The appropriate reduction should reflect (i) the likelihood that Ms. Green’s fees would have been higher if she was appearing on her own or (ii) the possibility that the Claimants would have instructed a more senior junior counsel for the hearing. Overall, I consider it appropriate to reduce counsels’ fees by £10,000 to £24,000.

Overall, therefore, I summarily assess the Claimants’ costs in the sum of £70,297.00. Applying the 10% reduction referred to in paragraph 21 above, this figure reduces to £63,267.00.