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Costs—summary assessment was too summary (Cohen v Fine)

Costs—summary assessment was too summary (Cohen v Fine)
Published on: 10 December 2020
Published by: LexisPSL
  • Costs—summary assessment was too summary (Cohen v Fine)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • The court’s approach to summary assessment
  • Guideline hourly rates and the Business and Property Courts
  • Case details

Article summary

Dispute Resolution analysis: On appeal, the circuit judge held that the approach of the district judge to summary assessment of costs was impermissible as it amounted to imposing a tariff which had been expressly proscribed by the Court of Appeal—a very broad brush approach had been taken due to the limited time available for summary assessment. The circuit judge concluded that a broad brush approach can be taken but a line-by-line analysis is still required. The circuit judge also observed that the guideline hourly rates are of little use in the Business and Property Courts and that an enhancement of 35% should be applied as a starting point to reflect inflation. Written by Alex Bagnall, technical manager at Total Legal Solutions. or take a trial to read the full analysis.

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