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In the first of these cases, Protea Leasing Ltd v Royal Air Cambodge Co Ltd
(Unreported) QBD (Comm Ct), 7th March 2000, Timothy Walker J, discusses a
summary assessment of costs at the end of the judgment. The claimant was
represented by a well-known City firm of solicitors who instructed senior leading
counsel and specialist aviation junior counsel. Their bill came to £70,949.81,
described by the judge as "a healthy enough sum in all conscience". However, his
Lordship commented that it paled into insignificance compared to the bill for the other
side. The defendant was represented by another well-known City firm which did not
instruct counsel, but did the case on their own. Their bill came to £149,577
– more
than twice that of the claimant
– for a one day case. Plainly, the fact that a solicitor
does the advocacy in place of a barrister is no guarantee that what the client ends up
paying will be less than if a barrister had been instructed. It simply does not follow
that giving solicitors higher rights of audience is "an expedient way to reduce costs in
civil litigation".
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