Amer v London Borough of Barnet, Court of Appeal - Supreme Court Cost Office, June 19, 2009, [2009] EWHC 90146 (Costs)

Issuing Organization:Supreme Court Cost Office
Actores:Amer v London Borough of Barnet
Resolution Date:June 19, 2009
 
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Neutral Citation Number: [2009] EWHC 90146 (Costs)

SCCO Ref : 09/A/2461

IN THE HIGH COURT OF JUSTICE

SUPREME COURT COSTS OFFICE

Clifford's Inn, Fetter Lane

London, EC4A 1DQ

Date: 19 June 2009

Before :

MASTER O'HARE, COSTS JUDGE

sitting as a Deputy District Judge of Barnet County Court

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Between :

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Baker & Partners for the Claimant

LB Barnet Head of Legal Corporate Governance Directorate for the Defendant

Hearing date: 11 June 2009

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Judgment

Master O'Hare:

1. This is my decision on the Claimant's application for an agreed costs certificate. The application arises out of a dispute about the Claimant's entitlement to interest following an agreement as to the amount of costs in question. The sum at stake is very small (less than £300 plus the cost of the application to me). The parties have sensibly agreed that I should deal with this application on paper only.

2. The bill of costs as drawn totals £15,816.45 and a copy of it was sent to the Defendant's solicitors with a Notice of Commencement on 29 January 2009. On receipt of Points of Dispute the Claimant's solicitor sent an email dated 20 February 2009 to the Defendant's solicitors commenting on the Points of Dispute and finishing with the line:

``I would be prepared to agree a reduction in the amount of the bill from £15,816.45 to £14,800. Please advise whether you would be prepared to agree this figure.''

3. By email dated 24 February 2009 the Defendant's solicitors replied as follows:

``Thank you for your email. In the interests of resolving this matter my client has agreed your proposals. I have requested cheque and will forward asap.''

4. That email produced an immediate response from the Claimant's solicitors pointing out the need to include interest and stating as follows:

``If one assumes that the cheque for the costs will be received on 9 March, interest will be due on £14,800 at 8% pa for the 84 days from 16 December to 9 March in the sum of £272.48. The Legal Aid Fund will not waive its interest and I ask that you arrange for payment of the interest on costs.''

5. In fact, 9 March 2009 passed without receipt of any cheque at all. By 10 March a chasing email was sent, and by letter dated the same day the Defendant's solicitors replied as follows:

``I regret the delay in reverting with cheque for £14,800 in respect of your costs but a cheque for this...

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