England and Wales Court of Appeal (Civil Division) Decisions

You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Safety Net Security v Coppage [2013] EWCA Civ 562 (05 March 2013)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2013/562.html
Cite as: [2013] EWCA Civ 562

[New search] [Printable RTF version] [Help]

		Neutral Citation Number: [2013] EWCA Civ 562
		Case No: A3/2012/2273

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE MERCANTILE COURT (^CH)
BIRMINGHAM DISTRICT REGISTRY
(HIS HONOUR JUDGE SIMON BROWN QC)

Royal Courts of Justice
Strand, London, WC2A 2LL

5th March 2013

B e f o r e :

LORD JUSTICE RIX
MR JUSTICE RYDER
and
SIR STANLEY BURNTON
____________________

	SAFETY NET SECURITY	Appellant
	- and -
	COPPAGE	Respondent

____________________

(DAR Transcript of
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)

____________________

Richard O' Dair (instructed by Mayflower Solicitors) appeared on behalf of the Appellant.
Mark Anderson QC and Yasmin Yailderi (instructed by Cox Cooper) appeared on behalf of the Respondent.
____________________

COSTS HTML VERSION OF JUDGMENT
____________________

Lord Justice Rix:

After the dismissal of this appeal, we are asked to summarily assess the costs of the respondents, who will be ordered their costs. We do summarily assess costs. The appeal, though set down for a day-and-a-half, has taken just over half a day. The costs that we are asked to assess total £28,356 plus travelling expenses of £258, some £28,500. £3,000 of that represents a form of success fee on a partial CFA entered into by Mr Anderson QC. He tells us that his normal fee would be about £10,000, but that he was prepared to agree to a success fee if the appeal was dismissed, which it has been, of £13,500, and if he failed to obtain dismissal of the appeal, his fee would be £7,500. First, Mr Anderson asked us to deduct £3,000 from the schedule in front of us, on the basis that he was willing to forego that success, on the assumption that this court could not summarily assess a CFA or partial CFA. He was latterly instructed that that was not the case; we have not enquired into the matter ourselves. We have considered all the matters involved in this statement of costs, including the fact that some figures for attendances appear to us to be too high. We have, in effect, to apply a broad brush to these matters. We summarily assess the costs at £25,000. That is on the basis that Mr Anderson gets the majority of his arrangement, if not all of it. So appeal is dismissed, costs are awarded to the respondents. We have summarily assessed those costs at £25,000, and we would suggest that they be paid within 21 days. You will get our reasons in due course.

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010