Lloyds TSB Bank Plc v Wolfe, Chancery Division

Detailed Assessment – proportionality – Lowndes -v- The Home Office.

The Bank had instituted possession proceedings, which had subsequently been compromised, allowing the owners to sell the house privately and for the Claimant to receive 50% of the proceeds. Lloyds sued to recover its share of a side sale of fixtures and fittings and received a Costs Order. Those costs were assessed at £48,845.00 on Detailed Assessment and the costs of Detailed Assessment totalled £32,181.00. The Judge made no adjustment for proportionality. The Defendant/paying party appealed, arguing amongst other matters, that the costs award was not proportionate.

1. The Judge had not been referred to Lowndes -v- The Home Office.

2. As he had not been referred to it, he did not follow it. This was a serious procedural irregularity.

3. The matter should be referred back to the Judge to consider by way of a preliminary Judgment, whether proportionality was relevant.

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