> ### PRACTICE DIRECTION

> ### PARTS 43 - 48 - SCHEDULE OF COSTS PRECEDENTS

> ### PRECEDENT P

> SCHEDULE OF COSTS PRECEDENTS PRECEDENT P
> Solicitors Act: Breakdown of Costs
> IN THE HIGH COURT OF JUSTICE | Claim Number
> QUEEN'S BENCH DIVISION
> SUPREME COURT COSTS OFFICE
> BETWEEN
> | EF | Claimant
> | - and - |
> | GH & Co | Defendants
> BREAKDOWN OF DEFENDANT'S BILL OF COSTS DATED 26TH FEBRUARY 1999 TO BE ASSESSED PURSUANT TO THE ORDER DATED 27TH APRIL 1999 The claimant instructed the defendants in connection with a summons for careless or inconsiderate driving which had been served upon him. By letter dated 21st October 1998 the defendants wrote to the claimant setting out their terms of business including the hourly rates of the fee earners who would act on his instructions. On 23rd October 1998 the claimant dated and signed a copy of that letter and returned it to the defendants so indicating his acceptance of the terms set out. The proceedings were of the highest importance to the claimant who feared losing his licence and who wished to defend any civil proceedings that might be taken against him as a result of the prosecution. The defendants entered into correspondence with the CPS and eventually obtained their witness statements and invited them to consent to an adjournment because of the absence overseas of an important witness for the claimant (Mr LM). Eventually the defendants successfully applied to the court for an adjournment, and also applied for and obtained a witness summons. At the trial the claimant was found guilty and was fined £300 and 4 points were endorsed on his driving licence. Proceedings were conducted by an assistant solicitor admitted in 1990 whose time is charged at an agreed rate of £150 per hour with routine letters out and telephone calls at an agreed rate of £15 each. At the trial a trainee attended with counsel. The trainee's time is charged at an agreed rate of £75 per hour.
> Cash account for client: EF
> Received |  | Paid
> From client on account generally: |  |  | Refund to client: |
> 22nd October 1998 | 1,500.00 |  | 26th February 1999 | 385.00
> From client on account generally: |  |  |  |
> 12th February 1999 | 1,000.00 |  | Balancing Item | 2,115.00
> | 2,500.00 |  |  | 2,500.00
> Balance due to client EF: | £2,115.00 |  |  |
> | Item | V.A.T. | Disburse -ments | Profit Costs
> | Attendances on Court and Counsel |  |  |
> | 5th November 1998 - application made for an adjournment for the |  |  |
> | convenience of a witness |  |  |
> | 13th November 1998 - contested hearing of the application |  |  |
> | Engaged 10 minutes | £ 25.00 |  |  |
> | Travel and waiting 30 minutes | £ 75.00 |  |  |
> 1 | Total solicitor's fee for hearing | £17.50 |  | £100.00
> | 17th November 1998 - conference with counsel |  |  |
> | Engaged 45 minutes | £ 112.50 |  |  |
> | Travel and waiting 1 hour | £ 150.00 |  |  |
> 2 | Total solicitor's fee for conference | £45.94 |  | £262.50
> 3 | Counsel's fee for conference (paid: Miss JK) | £13.13 | £75.00 |
> | 15th February 1999 - Brief to counsel - 4 pages A4 |  |  |
> | 23rd February 1999 - attending the trial |  |  |
> | Trainee engaged in court 1 hour | £ 75.00 |  |  |
> | Engaged in conference 30 minutes | £ 37.50 |  |  |
> | Travel and waiting (apportioned) 45 minutes | £ 56.25 |  |  |
> 4 | Total trainee solicitor's fee for trial | £29.53 |  | £168.75
> 5 | Counsel's brief fee (paid: Miss JK) | £17.50 | £100.00 |
> | Claimant |  |  |
> 6 | 21st October 1998 - first instructions 1 hour | £26.25 |  | £150.00
> 7 | 16th November 1998 - finalising proof of evidence 45 minutes | £19.69 |  | £112.50
> 8 | Routine letters out and telephone calls - 12 (9 + 3) | £31.50 |  | £180.00
> | Witness (Mr LM) |  |  |
> | Personal attendance by trainee solicitor |  |  |
> | Engaged 45 minutes | £ 56.25 |  |  |
> | Travel and waiting 1 hour | £ 75.00 |  |  |
> 9 | Total trainee solicitor's fee for attendance | £22.97 |  | £131.25
> 10 | Routine letters out - 6 | £15.75 |  | £90.00
> | Other persons |  |  |
> 11 | Routine letters out and telephone calls to the CPS - 8 (6 + 2) | £21.00 |  | £120.00
> | Communications with the court |  |  |
> 12 | Routine letters out - 6 | £15.75 |  | £90.00
> 13 | Communications with Counsel |  |  |
> | Routine letters out and telephone calls - 8 (4 + 4) | £21.00 |  | £120.00
> | Work done on documents |  |  |
> 14 | Instructions to counsel - 30 minutes | £13.13 |  | £75.00
> 15 | Attendance note of conference - 15 minutes | £6.56 |  | £37.50
> 16 | Brief to counsel - 30 minutes | £13.13 |  | £75.00
> 17 | Attendance note of trial (trainee) - 45 minutes | £9.84 |  | £56.25
> |  | £340.17 | £175.00 | £1,768.75
> | Summary |  |  |
> | Total costs claimed in breakdown £1,943.75 + £340.17 VAT. (Total costs billed £1899.00 + £315.00 VAT) |  |  |

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