UKCA [2017 ] EWCA Civ 793

Halborg v EMW Law LLP

This case was mentioned in QFC 006/2017 Pinsent Masons LLP (QFC Branch) v Al Qamra Holding Group, Costs Assessment

Background

The claimant limited liability partnership of solicitors issued proceedings against the defendant former client for a detailed assessment of its costs. The master summarily assessed its costs in the sum of £17,600. The defendant's appeal against that assessment was dismissed on grounds including that the claimant was not a litigant in person within CPR 46.5. In particular, the judge held that the claimant was excluded because it was a corporation and corporations were governed exclusively by CPR 46.5(6)(a), as CPR 46.5(6)(b) applied only to individuals. The claimant fell outside CPR 46.5(6)(a), as it was to be regarded as having acted with a legal representative for the purpose of that provision. The defendant appealed.