The Impact of Misconduct during the Assessment Process

In a recent case whereby the Defendant made an application pursuant to CPR 44.11 (1) and (2) that the Court disallow all or part of the Claimant’s entitlement to costs on the grounds of her solicitors’ improper and/or unreasonable conduct during or in the context of detailed assessment proceedings, Master Whelan highlighted the importance of checking bills carefully and being accurate. The terms “improper” and “unreasonable” are defined carefully and in this case the Claimant’s Solicitors had repeatedly prepared Bills that were inaccurate and mis-certified resulting in a reduction of the Claimant’s entitlement to costs by 50%.  To read more, please Click Here.