England and Wales High Court (Senior Courts Costs Office) Decisions

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You are here: BAILII >> Databases >> England and Wales High Court (Senior Courts Costs Office) Decisions >> Snowden v Ministry of Defence [2002] EWHC 9014 (Costs) (10 October 2001)
URL: http://www.bailii.org/ew/cases/EWHC/Costs/2002/9014.html
Cite as: [2002] EWHC 9014 (Costs)

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This summary of a judgment has been obtained from the Supreme Court Costs Office pages on the HM Courts Service web site. The citation used by BAILII is not an officially approved citation. The full text of the judgment may have an official Neutral Citation issued by the court, and may be available elsewhere on BAILII.

 

 

 No.1 of 2002

Snowden v Ministry of Defence
10 October 2001
Court of Appeal (Chadwick LJ and Sir Murray Stuart-Smith)

Following a successful strike-out by the defendant of the claimant soldier's claim for damages for personal injury suffered in that capacity there was an order for the assessment of the legal aid costs of those who had represented the claimant. He had changed solicitors, and at the hearing of the detailed assessment only the second solicitor was present. The Deputy Costs Judge disallowed all the profit costs incurred by the first solicitor, being satisfied on the material in the file that no part of the blame for the delay which caused the action to be struck out could be laid at the door of the claimant.

The first solicitor sought a rehearing of the detailed assessment, on the basis that he had not been present. The Deputy Costs Judge, and on appeal the Deputy High Court Judge, dismissed that application, and there was a further appeal to the Court of Appeal. The Court of Appeal carefully analysed the circumstances surrounding the non attendance by the first solicitor, ultimately concluding that, whilst he may have had a legitimate expectation that the hearing was going to be adjourned, he did have notice of the actual date and did not attend. In the absence of any material to suggest that if the matter were remitted to the Deputy Costs Judge he could come to a different conclusion from that which he had previously reached the Court of Appeal dismissed the first solicitor's appeal.