Case Study 2

Justification for use of a Senior Cost Lawyer

Justification for use of a Senior Cost Lawyer

The MDH Experience

We combined our extensive knowledge and experience of cost assessment with our ability to create compelling and robust arguments – and we secured that favourable outcome for our client. Without that level of knowledge and experience in preparing comprehensive cost schedules, and justifying the engagement of senior legal professionals, our clients would have struggled to make the necessary argument.

The Background

In the case of Monex Europe Ltd v. (1) Charles Pothecary & (2) Guy Kaufman (2019), MDH Legal Costs Ltd was engaged to prepare a Summary Assessment Schedule of Costs that would outline the costs incurred by the defendants. The defendants sought to recover costs amounting to £85,446, while the complainants contested these costs, claiming that they were unreasonable due to excessive time spent and the hourly rates charged by the cost lawyer involved.

The Challenges

The primary challenge in this case was to address the complainants’ assertions that the costs were unreasonable. They raised concerns about the time taken to prepare the schedule and the hourly rates of the cost lawyer, questioning whether the fees were justifiable given the nature of the work performed.

To counter these claims, our team conducted a thorough analysis of the work that the lawyer had carried out, justifying the time spent and the rates charged. We compiled comprehensive evidence to demonstrate why engaging a senior cost lawyer was necessary, and highlighting their specific expertise and the complexity of the matters that needed to be dealt with by them.

The Outcome

Success: our efforts resulted in a full justification of both the use of a senior costs lawyer, and their hourly rate. Our detailed Summary Assessment Schedule clearly laid out the value they provided, and justified the level of fee as well. This outcome not only justified our client’s position, but also underlined the importance of having thorough documentation, and expert representation in the assessment of legal costs.

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