Norwich or London rates?

Gazley (David) v (1) Wade (Rebekah) (2) News Group Newspapers Ltd [2004] EWHC 2675 (QB)

The appellant appealed against a decision that he should recover costs from the respondents on the basis of rates applicable to fee earners in the Norwich area although his solicitors were London libel specialists. He had been erroneously identified as a paedophile through a photograph and caption in a national newspaper published by the second respondent, who had immediately recognised the gravity of the situation, published an apology in its next edition and set about negotiating a settlement. On the day the apology was published, the claimant instructed a solicitor in a local Norwich firm. The solicitor advised him to accept an offer of £10,000 in settlement, which he did not wish to do. He was not confident that the solicitor knew what she was doing. Two days after the initial consultation the claimant instructed specialist London solicitors. The costs judge decided that the claimant had not acted reasonably in instructing solicitors in London on the grounds that it was ‘obviously a Norfolk case’ and appropriate solicitors were available locally.