A prominent solicitor advocate today accused international firm Kennedys Law of ‘quadruplication’ of its legal bill as he faces an indemnity costs assessment hearing.
Robin Makin launched proceedings against the Transcription Agency and Costs Judge James personally under the Data Protection Act 2018 and the UK GDPR, seeking personal data the defendants held about him. The defendants relied on the judicial exemption and Makin’s claim was dismissed.
In Makin v The Transcription Agency LLP & Anor [2023] EWHC 2283 (KB), the solicitor - of Liverpool Legal - was ordered to pay the costs of each defendant on the indemnity basis, in part because of his ‘grave attempt to besmirch’ the reputation of Costs Judge James.
But, appearing in the Senior Courts Cost Office, Makin described the costs being claimed by the Transcription Agency as ‘grossly excessive’.
At a detailed assessment of costs, Makin asked Deputy Costs Judge Lightman to go through the bill put forward by international firm Kennedys Law LLP line by line, challenging numerous items on the basis of time spent.
‘They are having their cake and eating it, it is two bites of the same cherry’, Makin said. ‘It seems to be duplication, triplication, quadruplication of effectively the same matters’, he added.
‘I am in an impossible position’, Makin argued. ‘We are aware of how these firms operate on their timesheets, billing time for everything. I never operated in that way and I think you have got to be aware that people have just got to get as much time on their timesheets…’
Dan Stacey, instructed by Kennedys - from which legal director John Lambert attended - intervened to argue this was an ‘allegation of professional misconduct’ which should not be allowed. ‘This was an extremely important case’, Stacey said. ‘The reputation of the Transcription Agency and indeed the judge was in question.’
During the assessment Lightman disallowed some items put forwards by Kennedys, such as their decision to send two fee earners to accompany counsel at the trial, but allowed some at a reduced number of units and allowed others in full.
The hearing - in which Makin acts in person - continues.
