Decision

Decision on Mansfield Garage Doors Limited

Updated 14 January 2020

Supplementary order on costs

In the matter of application No. 1792 by Kirk Silo (Installations) Limited

For a change of company name of registration No. 10399291

1. In our decision contained in the Order issued on 6 November 2019 we found for the applicant and directed that Mansfield Garage Doors Limited change its name. We reserved our decision in respect of costs making the following comments:

“55) The applicant, having been successful, is entitled to a contribution towards its costs. Section 10 of the Tribunal’s Practice Direction sets out a scale of costs. The respondents requested a hearing by submitting a Form CNA4, together with the official fee of £100, but chose not to appear. The Tribunal was informed by the letter of 3 October 2019 (2 working days before the hearing), but the respondents failed to copy the letter to the other side. As a result, the applicant only became aware that the respondents would not be appearing on the morning of the hearing. Ms Bollard pointed out that it was the respondents who had requested to be heard and that if the applicant had known of their respondents’ non-attendance, it would not have been necessary to attend the hearing. Consequently, Ms Bollard requested that costs off the published scale be awarded in respect of preparation for, and attendance at, the hearing.

56) We accept this and agree with Ms Bollard when she requested costs based on the published scale except in respect of the costs associated with the hearing itself. Consequently, before we finalise the award of costs:

(i) the applicant is invited to provide a schedule of costs incurred in preparing for, and attending the hearing within 21 days of this decision;

(ii) if the respondents wish to make any submissions on this schedule, they must do so within a further 21 days.

57) We will then issue a supplementary decision on costs.”

2. On 8 November 2019, the applicant duly provided a letter setting out its costs associated with the hearing. These are:

• costs of the applicant’s solicitor - £525 ^{[footnote 1]}
• costs of Counsel - £1250 ^{[footnote 2]}
• costs of attendance by the applicant’s director - £341.50

3. The respondents did not avail themselves of the opportunity to provide written submissions on the issue. We comment, in turn, on each of the costs claimed.

4. In respect of costs of the applicant’s solicitor, the time ledger provided covers chargeable actions between 29 August 2019 (the date in which the Tribunal notified the parties of the hearing date) and 3 October 2019 (the hearing was held on 7 October 2019) and details charges in respect of six letters, two telephone calls and one item categorised as “preparation”. The applicant’s letter states that these costs relate to “the preparation of the Hearing only”. We consider this to be a reasonable reflection of the work required in preparing for the hearing.

5. The costs of Counsel relate specifically to the hearing and these costs are likely to have been avoidable if no hearing had taken place.

6. If a representative of a party attends a hearing, the attendance of the party’s director is optional. We do not consider that because the applicant’s director chose to attend that the costs of this should fall to the respondents. Consequently, we decline to include an award relating to this aspect of the applicant’s costs claim.

7. We also keep in mind that if no hearing had taken place, it would have been likely that the applicant would have provided written submissions in lieu of the hearing. We reduce the award relating to the hearing by a typical amount awarded by the tribunal in respect of the preparation of such submissions.

8. With all of the above comments in mind together with our comments in paragraph 56 of our substantive decision (that other aspects of the costs award should be made based upon the published scale of costs), we award costs on the following basis:

Preparing form CNA1 and considering form CNA2: £300

Official fees:
Form CNA1: £400
Form CNA3: £150

Preparing evidence and considering other side’s evidence: £700

Preparing and attending hearing:
Solicitors fees: £525
Cost of Counsel: £1250

Subtotal: £3325

Reduction: £400

Total: £2925

9. Mansfield Garage Doors Limited and Philip Leivers, being jointly and severally liable, are ordered to pay Kirk Silo (Installations) Limited the sum of £2925. This sum is to be paid within 14 days.

Dated 9th January 2020

Mark Bryant
Company Names Adjudicator

Judi Pike
Company Names Adjudicator

Oliver Morris
Company Names Adjudicator

1. Supported by a copy of a time ledger ↩

2. Supported by Counsel’s fee note relating to attendance at the hearing ↩