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Supplementary memorandum submitted by Marcus Partington, Chair, Media Lawyers Association

 

I am writing to you, on behalf of the Media Lawyers Association (MLA), following yesterday's oral evidence session which I attended as a witness.

During the second session Mark Thomson, a Partner of Carter-Ruck Solicitors, told the Committee that "our fee at the moment is £400 per hour, which is about the standard rate in the industry". Leaving to one side whether what Carter-Ruck's charge is the "standard rate in the industry" - and I should mention that Keith Schilling (of Schillings) currently seeks to charge £650 per hour, that his other partners currently seek £475 per hour, and that Graham Shear, who is representing Ashley Cole on a CFA, and also represents other wealthy footballers, is seeking a rate of £580 per hour in the Cole case - I am writing to you, with some further evidence, so that the Committee is not misled by what Mr Thomson told you.

I should be grateful if you would distribute this letter to all of the members of the Committee.

The following are recent cases, involving Carter-Ruck and members of the MLA, where they have sought or mentioned that their firm's basic fees are in excess of £400 per hour.

They are as follows: -

1. Tesco Stores Limited -v- Guardian News and Media Limited and Alan Rusbridger

In this case, from last year, the Senior Partner of Carter-Ruck, Nigel Tait, is seeking recovery of a rate of £500 per hour.

2. Sienna Miller -v- Big Pictures and News Group Newspapers Limited

Carter-Ruck, in the shape of Mr Thomson himself, sought recovery of his fees from the defendants in December 2008 at an hourly rate of £450 per hour.

 

3. In a case involving a claim by a client of Carter-Ruck against MGN Limited, a subsidiary of Trinity Mirror Plc, Carter-Ruck said that prior to entering into the CFA their partner's time had been charged at a rate of £450 per hour. That was in the spring of 2008.

Of course, the rates which solicitors seek to charge and seek recovery of can vary - and it is clearly the case that in basic hourly rates terms Carter-Ruck are not the most expensive firm - but the MLA is very concerned that the Committee is not misled by Mr Thomson's answer into thinking that Carter-Ruck always charges a standard rate of £400 per hour, when the evidence clearly indicates otherwise.

 

25 February 2009