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	England and Wales High Court (Senior Courts Costs Office) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Senior Courts Costs Office) Decisions >> Arrowfield Services v BP Collins [2003] EWHC 9035 (Costs) (26 March 2003) URL: http://www.bailii.org/ew/cases/EWHC/Costs/2003/9035.html Cite as: [2003] EWHC 9035 (Costs)

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No.15 of 2003

Arrowfield Services v BP Collins
26 March 2003
Mr Michael Briggs QC (Sitting as a Deputy Judge of the Chancery Division without assessors)

The Deputy Judge reversing an experienced Costs Judge held that in an application to assess a bill out of time, relying on “special circumstances”, an agreement between the parties that there should be a detailed assessment of the solicitor’s costs was as powerful a special circumstance as it was possible to conceive for ordering such an assessment under Section 70(3).  

The relevant paragraph of the judgment reads in part:

“38. It follows, in my judgment, that if parties come before the court on an application for a detailed assessment in circumstances where there subsists an agreement that there should be such an assessment to which the solicitor has consented, and from which he has not freed himself in the manner which I have described, or in some other recognisable manner, that is as powerful a special circumstance as it is possible to conceive for ordering a detailed assessment.     He has apparently agreed that the protection given to him by the time limits should not apply because he has agreed that that assessment should take place …”