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Monday 19th April 2004
Jemma Trust Company Ltd v Liptrott & Forrester
SCCO, CJ Rogers, 2.04.04
This is the latest instalment in the long running saga of how much Kippax Beaumont Lewis could charge for the administration of the estate of Sir Geoffrey Hulton. In his original judgment costs judge Rogers allowed no value element as he thought this was an anachronism. This decision went to the court of appeal 24 October 2003 [2003] EWCA Civ 1476 who disagreed. In their judgment they made clear a cost judge’s right to use discretion to achieve a fair and reasonable result. The court also suggested a modern scale for value elements which would have produced a value element of £30,000 if applied rigidly to this case.
KBL’s fees amounted to £592,983.40 and Rogers allowed £500,000 as a fair and reasonable fee. The time costs were substantial, but the allowance still equated to a value fee of £141,906.71 over time at cost. It appears that this was partly to take into account the absence of any mark up on hourly rates.
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