Justifying Counsel’s Fees

Armitgage v Nurse (Assessment of Costs) (CLW 11 August Ch D)

On an appeal against the reduction of counsel’s fees on a detailed assessment it is doubtful whether the appellant may be entitled to rely on material which had not been put before the costs judge. Where substantial counsel’s fees are being assessed on a detailed assessment under a funding certificate evidence should be provided that the fees were appropriate. Counsel should prepare a short note commenting on their fees which could be submitted to the court together with the relevant fee notes.