Dr Oluremi Agbaje v The Robert Frew Medical Company Limited & Ors

Costs Judge Nagalingam:

1. This judgment concerns only the part of the detailed assessment where the item by item objections have been raised.

2. Such objections are set out at tab 16 of the electronic bill, in column AC. Whilst filtering may be applied to column AC to remove the ‘blanks’ to show only those items which are disputed, I elected to not apply any filtering so that I could consider each challenged item in its proper context.

3. During the course of the exercise, it came to my attention that, in certain instances, column AB (Point of Dispute No.) was blank, even where an item was challenged. For example, an objection to item 2 is clearly set out in column AC but there is no corresponding “Point of Dispute No.” in column AB.

4. For identification purposes, I have referenced the associated challenged item number (taken from column A / AA of tab 16) along with reference to column AB to ensure the correct challenge is applied to the correct item.

5. As was made clear to the parties, the decisions below take into account not only the pleaded objection set out in column AC of tab 16, but also general submissions made during the course of hearings in this matter to date, earlier points of principle already decided, and the master document containing the combined points of dispute, points of reply, and the additional comment I permitted be included – which created a document running to 35 pages. I also had the benefit of access to the receiving party’s 12,170 page bundle.

6. Where an item is allowed it is on the basis that I have concluded the work was reasonably incurred. Where I concluded an item was reasonably incurred, I then made an allowance for what was reasonable in amount.

7. The decisions are set out in the table below and the parties are invited to apply the resultant reductions to the bill, in addition to applying the rate reductions I have already ruled on, to produce an updated working copy of the bill.

8. The purpose of the working copy is so that I can clearly see in which phases the receiving party remains over budget.

9. Upon receipt of that working copy, which must be on the basis that the recalculations are agreed, I will release my judgment concerning good reason.

10. My table of item by item decisions is set out below: Item No (AA) Point of Dispute No (AB) Decision 2 Point of principle 3 was dismissed. The time is allowed. 92 2 Time allowed. 93 3 Allow 0.5 hours. 94 4 Agree some duplication. Insufficient to disallow. Allow 1.3 hours. 98 5 Time allowed. 102 6 Allow 2.8 hours. 105 7 Time allowed. 119 8 Allow 0.3 hours. 129 9 Allow 2.6 hours. 131 10 Allow 2.0 hours. 133 11 Time allowed. 134 12 Time allowed. 141 13 Allow 2.5 hours. 143 14 Agree some duplication. Allow 1.0 hour. 146 15 Allow 2.8 hours. 149 16 Agree some duplication. Allow 2.0 hours. 192 17 Allow 2.1 hours. 205 18 Allow 1.8 hours. 206 19 Allow 2.0 hours. 207 20 Agree some duplication. Allow 1.0 hour. 224 21 Allow 2.8 hours. 232 21* * in column AB, Tab 16, items 224 and 232 have been associated with Point of Dispute No. 21 Allow 3.0 hours. 247 22 Time allowed. 248 23 Allow 2.6 hours. 252 24 Allow 1.5 hours. 255 25 Allow 1.5 hours. 256 25 Allow 1.8 hours. 263 27 Allow 2.5 hours. 265 28 Agree some duplication. Allow 2.5 hours. NB. There is no Point of Dispute No. 29 therefore reference to the same has been purposely omitted. 272 30 Agree some duplication. Allow 2.0 hours. 273 31 Allow 2.4 hours. 276 32 Time allowed. 277 33 Allow 1.9 hours. 282 34 Allow 3.0 hours. 283 35 Allow 1.2 hours. 287 36 Allow attendance of higher grade of fee earner only on this date. 292 37 Allow 2.2 hours. 293 38 Allow 3.0 hours. 320 39 Allow 1.9 hours. NB. There is no Point of Dispute No. 40 therefore reference to the same has been purposely omitted. 321 41 Allow 0.9 hours. 322 42 Allow 0.8 hours. 343 43 Allow 2.0 hours. 345 44 Allow 1.0 hour. 347 45 Allow 2.0 hours. 350 45* * in column AB, Tab 16, items 347 and 350 have been associated with Point of Dispute No. 45 Allow 1.5 hours. 357 46 Allow 2.7 hours. 358 47 Allow 1.3 hours. 363 48 Allow 0.5 hours. 364 49 Allow 1.5 hours. 369 50 Allow 2.8 hours. 378 51 Time allowed. 387 52 Allow 0.8 hours. 391 53 Allow 2.5 hours. 392 54 Time allowed. 397 55 Time allowed. 399 56 Time allowed. 403 57 Allow 3.0 hours. 404 58 Allow 3.0 hours. 408 59 Allow 2.5 hours. 410 60 Allow 2.0 hours. 417 61 Allow 4.5 hours. 418 62 Time is allowed. 419 63 Allow 2.0 hours. 421 64 Duplication. Disallow. 422 65 Allow 2.0 hours. 423 66 Allow 2.0 hours. 429 67 Time allowed. 432 68 Allow 2.7 hours. 433 69 Allow 3.5 hours. 434 70 Allow 2.0 hours. 437 71 Allow 3.5 hours. 438 72 Allow 2.5 hours. 443 73 Allow 2.5 hours. 445 74 Allow 3.7 hours. 452 75 Time allowed. 454 76 Allow 3.4 hours. 455 77 Allow 2.5 hours. 459 78 Allow 4.5 hours. 461 79 Allow 1.5 hours. 470 80 Allow 3.0 hours. NB. Where the objections to the items below refer to “disproportionate”, the fact any allowance has been made does not preclude the paying party from raising arguments as to proportionality once the bill has been recalculated and good reason ruled upon. 473 81 Allow 5.0 hours. 480 82 Allow 1.8 hours. 483 83 Allow 2.5 hours. 486 84 Allow 2.8 hours. 491 85 Allow 0.5 hours. 493 86 Allow 2.7 hours. 496 87 Allow 2.9 hours. 497 88 Allow 2.5 hours. 498 89 Allow 3.0 hours. 500 90 Allow 1.2 hours. 501 91 Allow 1.5 hours. 502 92 Allow 2.5 hours. 505 93 Time allowed. 506 94 Allow 2.4 hours. 507 95 Allow 1.0 hour. 508 96 Allow 1.0 hour. 512 97 Allow 1.8 hours. 518 98 Allow 1.3 hours. 519 99 Time allowed. 520 100 Allow 2.5 hours. 521 101 Allow 3.5 hours. 522 102 Allow 3.0 hours. 523 103 Allow 1.5 hours. 526 104 Allow 0.8 hours. 535 105 Time allowed. 541 106 Time allowed. 542 107 Time allowed. 545 108 Time allowed. 547 109 Allow 1.7 hours. 548 110 Allow 2.0 hours. 551 111 Allow 2.7 hours. 553 112 Allow 0.4 hours. 556 113 Allow 1.5 hours. 560 114 Time allowed. 562 115 Allow 0.8 hours. 563 116 Time allowed. 576 117 Allow 2.8 hours. 577 118 Allow 1.0 hour. 578 119 Allow 0.7 hours. 579 120 Allow 0.5 hours. 580 121 Allow 1.2 hours. 581 122 Time allowed. 584 123 Allow 0.8 hours. 585 124 Allow 1.5 hours. 587 125 Allow 1.0 hour 591 126 Time allowed. 605 127 Allow 1.3 hours. 610 128 Allow 1.7 hours. 611 129 Allow 0.9 hours. 614 130 Allow 1.4 hours. 616 131 Agree duplication. Disallow. 629 132 Allow 3.0 hours. 630 133 Agree duplication. Disallow. 635 134 Time allowed. 636 135 Time allowed. 637 136 Allow 1.0 hour. 639 137 Time allowed. 644 138 Allow 4.0 hours. 649 139 Dual fee earner attendance allowed. 665 140 Allow 1.8 hours. 667 141 Allow 2.7 hours. 670 142 Allow 1.7 hours. 678 143 Attendance of senior fee earner only permitted. 680 144 Allow 1.0 hour. 689 145 Time allowed. 690 146 Allow 0.7 hours. 692 147 Allow 2.5 hours. 699 148 Allow 1.2 hours. 702 149 Allow 3.0 hours. 714 150 Attendance of senior fee earner only permitted. 728 151 Allow 1.0 hour. 734 152 Allow 1.7 hours. 735 153 Time allowed. 736 154 Allow 0.8 hours. 740 155 Allow 0.8 hours. 742 156 Allow 1.7 hours. 744 157 Allow 3.5 hours. 751 158 Allow 0.8 hours. 755 159 Allow 2.0 hours. 774 160 Allow 1.2 hours. 781 161 Time allowed. 786 162 Time allowed. 800 163 Allow 2.5 hours. 803 164 Allow 0.5 hours. 804 165 Allow 1.0 hour. 805 166 Allow 0.6 hours. 807 167 Time allowed. 808 168 Allow 0.6 hours. 809 169 Allow 0.5 hours. 815 170 Allow 0.8 hours. 820 171 Allow 0.8 hours. 847 172 Allow 0.5 hours. 848 173 Time allowed. 849 174 Allow 0.5 hours. 852 175 Time allowed. 873 176 Allow 1.0 hour. 885 177 Time allowed. 886 178 Allow 2.1 hours. 896 179 Allow 0.3 hours. 900 180 Time allowed. NB. There is no Point of Dispute Nos. 181 to 188 (inclusive) therefore reference to the same has been purposely omitted. 901 189 Time allowed. 902 190 Time allowed. 917 191 Allow 1.3 hours. 921 192 Allow 0.9 hours. 924 193 Allow 2.0 hours. 925 194 Allow 6.0 hours. 926 195 Allow 2.0 hours. 928 196 Allow 0.8 hours. 957 197 Allow 0.9 hours. 958 198 Allow 2.0 hours. 966 199 Allow 0.8 hours. 988 200 Allow 4.5 hours. 989 201 Allow 2.3 hours. 1009 202 Allow £25,000. 1016 203 Allow 0.8 hours. 1022 204 Allow 0.8 hours. 1023 205 Allow 0.5 hours. 1025 206 Allow 0.3 hours. 1036 207 Allow 2.4 hours. 1045 208 Allow 3.0 hours. 1047 209 Allow 0.8 hours. 1063 210 Allow 0.7 hours. 1065 211 Time allowed. 1067 212 Allow 1.5 hours. 1070 213 Allow 4.0 hours. 1072 214 Allow 95.0 hours. 1073 215 Allow 6.0 hours.

11. I direct that the parties recalculate the bill, based on the decisions above and decisions already given generally in this assessment. The recalculated bill, once agreed, shall be re-submitted to the court for my consideration.

12. That bill will be accompanied by a revised Precedent Q which should make clear the extent to which any of the budgeted phases remain in excess of the amounts allowed under the costs management order in this matter.

13. The revised Precedent Q should be the product of decisions made in this assessment only. It is not an opportunity nor invite to rephase some of the costs. As the receiving party is aware, submissions have been made in relation to good reason. Those submissions were made on the basis of the bill has originally phased, hence why I issue a clear warning that now is not the time to rephase the bill.

14. My judgment as to good reason will be released upon receipt of the revised, recalculated bill and Precedent Q.

15. As outlined during the course of the last hearing, there is no reason why this assessment cannot be completed on the papers and, if necessary, a further short remote hearing. However, if either party is shown to be the cause of delays in recalculating the bill then a hearing date will be listed, in person, where an explanation of the cause of any such delays will be required.

16. At any time in the interim period, the parties are at liberty to compromise their costs dispute. If the parties can compromise their dispute in relation to the bill but require from the court, for example, decisions as to interest and/or costs of assessment, then such matters may be dealt with by way of a short remote hearing.