Simms v Law Society

Where the available material establishes a clear case for an interim payment on account of costs, the court may order payment of a sum that sensibly reflects the minimum likely to be awarded on detailed assessment. The order may be confined to costs incurred in the appeal. It need not extend to costs incurred before the Solicitors Disciplinary Tribunal where the court considers that inappropriate.

The appellant had appealed to the Divisional Court from the Solicitors Disciplinary Tribunal. The court considered the respondent’s request for an interim payment on account of costs, covering both the appeal and the proceedings before the Tribunal. The judgment concerned the appropriate scope and amount of that interim payment.

1. The court held that the material before it established a clear case for an interim payment on account of costs.
2. The appropriate practice was to order a sum that sensibly reflected the minimum likely to be awarded after detailed assessment.
3. The court declined to make an interim order in respect of the costs incurred before the Solicitors Disciplinary Tribunal.
4. Having regard to the material presented, the court ordered the appellant to pay £80,000 on account of his liability for the respondent’s costs of the appeal. The order was to be drawn in the form of the respondent’s draft, as amended in the annexed form.

• Solicitors Disciplinary Tribunal: proceedings preceded the appeal, but no citation for the Tribunal decision was stated in the judgment.
• High Court (Administrative Court): ordered an interim payment of £80,000 on account of the appellant’s liability for the respondent’s appeal costs.