You are here

Malkinson v Trim [2002] EWCA Civ 1273

Costs – Solicitors – Solicitor represented by his own firm in the successful defence of proceedings brought against him personally entitled under an order for costs in his favour to profit costs of his firm in defending the proceedings

27 September 2002

M was dissatisfied with the administration of his parents’ estates and sued his solicitor and the other partners in firm. The defendant, T, had ceased to be a partner in that firm and had joined another firm which went on record as his solicitors. The proceedings were settled against the other defendants and M discontinued against T entitling T to his costs. T’s solicitors lodged a bill of costs of some £15,000 for assessment. M took the preliminary point that by virtue of a provision of the firm’s partnership deed, which applied where the firm acted for a partner, T had not incurred any costs recoverable from M. The costs judge held that T should be allowed his firms costs, subject to assessment, by applying the principle in London Scottish Benefit Society v Chorley Crawford and Chester (1885) 13 QBD 872, that where an action was brought against a solicitor who defended it in person and obtained judgment, he was entitled upon taxation to the same costs as if he had employed a s...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.