Case No. UKUT-0074-(LC)

TOTAL [plus VAT] £ 5,239.0075. Regarding (1) Legal costs, I note that items 30 and 31 of the revised schedule relate to the filing and service of the skeleton argument, and the delivery of hard copy bundles to the Tribunal. These are administrative steps and not chargeable solicitor’s tasks and I therefore disallow the £280.50 claimed under those heads. As to (2), Counsel’s fees, item 38 of the schedule relates to “advice on costs” which would ordinarily be part of the brief fee itself. The £375 claimed under this head is disallowed. 76. In connection (3), Mrs Covill’s expert witness report of 27 September 2017 was based upon a fixed fee of £6,385.60. A further charge of £3,500.00 was claimed in the schedule under the heading “witness statement” and upon this being queried by the Tribunal, the Council’s solicitor advised that it actually related to the amended version of her report served on 22 November 2017. The only charges in the schedule relating to the expert’s fees for the period commencing 1 January 2018 were the £406.00 referred to above for post hearing submissions. It seems to me that the £3,500 claim for to the amended report would not in any event be justified even if related to work undertaken in 2018 as the amendments to the original report (which were listed in an attachment (bundle page 113)), were not extensive and principally consisted of corrections and minor alterations to the text. It also stated that “No new facts or evidence has been introduced via these amendments”, and the valuation remained the same. 77. In my judgment, the costs incurred by Mrs Covill for preparation for, and attendance at, the hearing and the conference should be the responsibility of the claimants, and I consider that the fairest conclusion would be to simply to allow the Council a lump sum comprising half the fixed fee for the report (that sum to include the £406 referred to above) for expert’s costs post 31 December 2017. 78. The allowed costs are therefore: Legal fees £ 577.50 Counsel’s fees £3,600.00 Expert’s fees