Costs Assessor insights – Nominal Defendants
Rose Legal Costing has successfully acted on behalf of a law firm in a solicitor/client assessment involving a Nominal Defendant. Costs disclosure was not provided to the client meaning costs had to be assessed on a ‘quantum meruit’ basis. In addition, submissions were made on behalf of the client that the law firm had no entitlement to recover their costs . Notwithstanding this, the itemised Bill of Costs prepared by Rose Legal Costing, along with their accompanying submissions, secured a recovery of 84% of the professional costs in the Costs Assessor’s determination. One of the submissions put forward by Rose Legal Costing on behalf of the law firm was that claims involving nominal Defendants are much more complex than other claims. The Assessor agreed, noting as follows: “ Proving liability against the nominal Defendant for a motor accident claim where the other vehicle is unidentified is always more complex and difficult tha[n] a claim where the other vehicle is identified.