JXA (by his litigation friend VLA) v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB)



Judge: Goss J

Citation: [2018] EWHC 1747 (QB)

Summary:

In assessing whether legal costs are reasonably incurred, the approach is to consider whether the successful party has acted reasonably in employing their solicitors, and whether the costs are reasonable compared to the average charged by similar firms in the same area.

Longer text:

The Administrative Court has helpfully encapsulated the correct approach to the instruction of solicitors and appropriate hourly rates:

The Law

  1. It is well established and common ground that determining whether costs have been ‘reasonably incurred’ is a two-stage process. First, having regard to all relevant considerations whether the successful party has acted reasonably in employing the solicitors who had been instructed and, secondly, whether the costs charged were reasonable compared to the broad average of charges made by similar firms practising in the same area; while availability of less expensive solicitors elsewhere might be relevant to the determination of the first question, it had no relevance to the second (Wraith v Sheffield Forgemasters Limited, Truscott v Truscott [1998] 1 WLR 132 CA).

 

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