Truscott v Truscott ; Wraith v Sheffield Forgemasters Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 20 February 1996 |
| Date | 20 February 1996 |
| Court | Queen's Bench Division |
Queen's Bench Division
Costs - taxation - reasonable choice of solicitors
In assessing costs, a taxing master should decide whether the choice of solicitor was reasonable having regard to the extent and importance of the litigation.
Mr Justice Potter, sitting with assessors in the Queen's Bench Division, so held on January 31, in refusing the application of Sheffield Forgemasters Ltd for costs taxed on November 17, 1995 by Deputy District Judge Thompson in a personal injury action brought by Trevor Wraith to be reduced because he had used inappropriately expensive solicitors.
HIS LORDSHIP said that in deciding whether an objection by the paying party to the amount of costs taxed was sustainable in practice, the focus was primarily upon the reasonable interests of the plaintiff in the litigation.
Thus, in relation to broad categories of costs such as those generated by the decision of the plaintiff to employ a particular status or type of solicitor or counsel, or one located in a particular area, one looked to...
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Fuseon Ltd v Senior Courts Costs Office
...the decision of the justices' clerk has to be quashed in this case. …” 34 Wraith v Sheffield Forgemasters Ltd and Truscott v Truscott [1996] 1 WLR 617 were conjoined costs appeals. W, who was injured in an industrial accident in Sheffield, relied on his trade union to handle his claim for ......
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R (Allseas Group SA) v Paul Sultana
...v Dudley Magistrates Court Ex p. Power City Stores Ltd (1990) 154 J.P. 654; Wraith v Sheffield Forgemasters Ltd and Truscott v Truscott [1996] 1 WLR 617; McEwan v National Taxing Team [2014] EWHC 2308 (Admin); Kazakhstan Kagazy Plc v Zhunus [2015] EWHC 404 (Comm); Evans v Serious Fraud O......
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AB (a protected party by his mother and litigation friend YZ) v Mid Cheshire Hospitals NHS Foundation Trust
...is required to consider whether the costs have been “reasonably incurred”. The proper approach to this question was set out in Wraith v Sheffield Forgemasters Ltd [1998] 1 WLR 132 which approved the dicta by Potter J. set out and reported at [1996] 1 WLR 617 at 624–625. The focus is prima......
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Truscott v Truscott ; Wraith v Sheffield Forgemasters Ltd
...it is necessary to go. LORD JUSTICE WAITE 45 I agree. LORD JUSTICE AULD 46 I also agree. 47 Order: Appeals allowed. In the case of Truscott v Truscott order of District Judge restored. The costs of application on 7th May 1996 recoverable by March Ferriman & Cheale. Legal aid taxation. In th......