The Supreme Court Costs Office

No.13 of 2002

United Building and Plumbing Contractors v Kaila
26 April 2002
Court of Appeal - Tuckey and Rix LJJ

The underlying dispute in this case was a building dispute in which both parties had appeared in person but the respondent to the appeal, and defendant to the original action Mr Kaila, had been assisted by Mr Whiteland, a director of the Debt Collection Company. His fees amounted to something just short of £4,000. The Circuit Judge had reduced this on the basis of proportionality to £3,000, but had nevertheless awarded them to the successful respondent.

The appellant appealed to the Court of Appeal on the basis that CPR 48.6(3)(b) only provided for a defendant in person to recover "payments reasonably made by him for legal services relating to the conduct of the proceedings" and the Court of Appeal accepted the appellant's argument that Mr Whiteland's services were not "legal services" and therefore were not recoverable by the successful respondent. Accordingly the costs awarded to him by the Circuit Judge were reduced by £3,000 by the Court of Appeal.