The Supreme Court Costs Office

No.13 of 2006

Butt v Nizami [2006] EWHC 159 (QB); [2006] 3 Costs LR 495

9 February 2006

Simon J (Sitting with Assessors)

In a straightforward RTA claim which settled before proceedings, the defendants sought further information about the claimant’s CFAs, suspecting infringements of the CFA Regulations. The fixed recoverable costs rules in CPR 45 Section II applied to the claim. Accordingly (per Simon J, paragraph 26):

“In cases falling under CPR 45 Section II the receiving party does not have to demonstrate that there is a valid retainer between the solicitor and client merely that the conditions laid down under the rules have been complied with.”

And at paragraph 24:

“It is clear that in making this change [to rule 45] the draftsman of the rules intended that the indemnity principle should not apply to the figures which were recoverable …the whole idea underlying Part 45 Section II is that it should be possible to ascertain the appropriate costs payable without the need for further recourse to the court.”