Angel Airlines v Dean and Dean, Court of Appeal - Queen's Bench Division, June 30, 2008, [2008] EWHC 1513 (QB)

Reporting Judge: [2008] EWHC 1513 (QB)

President: Angel Airlines v Dean and Dean

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Extract

Angel Airlines v Dean and Dean, Court of Appeal - Queen's Bench Division, June 30, 2008, [2008] EWHC 1513 (QB)

Neutral Citation Number: [2008] EWHC 1513 (QB)

Case No: QB/2007PTA/0046

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

(On Appeal from Master Seager Berry, Costs Judge)

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 30 June 2008

MR JUSTICE COULSON

(Sitting with Assessors:

Costs Judge Campbell,

Mr Graham Humby)

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Between:

| |ANGEL AIRLINES (a Romanian Company in Liquidation) |Claimant/ |

| | |Respondent |

| |- and - | |

| |DEAN and DEAN |Defendant/ |

| | |Appellant |

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Lord Brennan QC and Mr Christopher Semken (instructed by Dean and Dean) for the Appellant

Mr Simon Browne (instructed by Lyndales) for the Respondent

Hearing Date: 23 June 2008

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Judgment

The Honourable Mr Justice Coulson:

A. INTRODUCTION

1. This appeal raises three separate issues, the first two arising out of a detailed judgment from Master Seager Berry, Costs Judge, dated 18 August 2006, and the third arising out of a decision of the same Costs Judge dated 12 September 2006. Permission to bring this appeal was granted by Tugendhat J as long ago as 18 June 2007.

2. This appeal comes at the end of what can only be described as an extraordinary saga. In May 2004, the appellant solicitors rendered a bill of costs to the respondent for some non-contentious work they had carried out for them in the sum of £444,705. The bill was subsequently assessed under s.70 of the Solicitors Act 1974. Following numerous hearings and unsuccessful appeals on the part of the appellant, the bill of costs was finally assessed by the Costs Judge in the sum of £99,449.65. This triggered a further round of complaints and appeals on the part of the appellant. Thus far the disputes relating to the detailed assessment of these costs, including the numerous appeals, have occupied 50 days of court time and the participation of 24 different judges. There have been a total of 20 unsuccessful appeals thus far. The total costs incurred by the parties in...

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