O'Sullivan v Holmes and Hills LLP

HIS HONOUR JUDGE GOSNELL (sitting as a Judge of the High Court ) ____________________

Mr Meehan (instructed by Kain Knight Costs Lawyers) for the Appellant Mr Ian Simpson (instructed by JG Solicitors Limited ) for the Respondent Hearing dates: 18th January 2023 ____________________

HTML VERSION OF JUDGMENT APPROVED BY THE COURT FOR HANDING DOWN ____________________

This appeal is brought by the Appellant against the decision of District Judge Batchelor sitting as a Regional Costs Judge on 6 th May 2022 when at an oral hearing , she refused to vary the order she had made at a provisional assessment pursuant to CPR 47.15. The detailed assessment proceedings arose from the Respondent having applied for an assessment of his own solicitors' costs (the Appellant) under section 70 Solicitors Act 1974. Permission to appeal was granted by Mr Justice Lavender.

The Respondent was involved in an accident and instructed the Appellant Solicitors firm to represent him in a personal injury claim. The claim was successful and the Defendants in that claim paid the sum of �80,000 to the Appellant on the Respondent's behalf. The Appellant negotiated payment of their costs from the Defendant's insurers and accepted the sum of �45,000. They then sought to recover the sum of �17,082.09 from the Respondent pursuant to the terms of their retainer.