Detailed assessment of costs

Dean acted for a successful claimant in Detailed Assessment proceedings following a claim in which damages were awarded in excess of £200,000, the costs bill being originally drafted for a sum of just over £140,000.

The case involved disputes as to (i) the amount of costs to be awarded, (ii) the enforceability of the CFA and (iii) whether VAT was to be added to the costs awarded.

Dean provided advice in respect of the CFA and bill of costs, following which a settlement was reached in relation to the amount of costs to be paid.

The VAT issue involved Dean in a contested hearing. The defendant asserted that they did not have to indemnify the claimant against liability for VAT as there was no requirement on the claimant to pay it. Following the hearing the Judge found in favour of Dean’s client, holding that there was VAT liability. The defendant was ordered to pay a sum to enable the claimant to account to HMRC.