Kerry Underwood

HIGH COURT JUDGE SLAMS £74,000 COSTS FOR TWO-HOUR HEARING

with 2 comments


Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

In

Weisz v Weisz & Ors [2019] EWHC 3101 (Fam)

a High Court Judge sitting in the Family Court expressed astonishment that the costs of a single application, for all of the parties, was around £74,000 in relation to a claim for a £75,000 lump sum and £8,511 a month.

 

The judge said:

 

“…It cannot be proportionate for so much money to be spent on this issue and it is very sad indeed that the parties have been unable to settle today’s application.”

 

“5. The starting point in relation to this case, having set out the provision which is sought by the claimant, is to express concern, if not astonishment, at the level of costs in relation to today’s application. The claimant’s costs – and this is just for today and not the claim overall – are just over £18,000. The costs of the third and fourth defendants, who are two of the children of the deceased, are £37,880. Remarkably, I am told that the executors of the estate do not even know what their costs of today are, and I should say that if any of the lawyers in this court appear in front of me again not knowing what their costs are for the application in front of me, I will have a lot more to say about it than I have done today; but, if I take the executors’ costs as being the same as the claimant’s (and I note that the claimant has instructed – I hope I can say this without any disrespect – much less expensive solicitors than the third and fourth defendants), then that means that the overall costs of today are in the order of £74,000.

6. That is to be set in the context of the total amount claimed today by the claimant of £75,000 in terms of the lump sum plus the £8,511 a month to which I have referred. It cannot be proportionate for so much money to be spent on this issue and it is very sad indeed that the parties have been unable to settle today’s application.”

 

Comment

It is high time that all costs in all types of work were capped for specific events.

I would have thought the maximum for any application listed, as this one was, for two hours should be £5,000.

Written by kerryunderwood

December 20, 2019 at 10:53 am

Posted in Uncategorized

2 Responses

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  1. Saw this on the LG – in and out of one ear for all the lawyers involved. The client MUST have justice at any cost!!!

    Tony

    December 20, 2019 at 11:52 am

  2. Justice at any price is no justice for 99% of the people.
    Kerry

    kerryunderwood

    December 20, 2019 at 12:02 pm


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