19.1  If counsel seek an order other than that costs should be awarded to the successful party, they may make written submissions within 14 days of the conclusion of the hearing. One master plus seven copies of the written submissions must be lodged at the Judicial Office. Copies should also be sent to the other parties to the appeal.

Conditional fee agreements

19.2  Conditional fee agreements may properly be made by parties to appeals before the House of Lords[64]. It is open to the Taxing Officer to reduce the percentage uplift recoverable under a conditional fee agreement if he considers it to be excessive. The Taxing Officer decides questions of percentage uplift in accordance with the principles set out in Designers Guild Limited v. Russell Williams (Textiles) Limited (trading as Washington DC) [2003] 2 Costs LR 204. If a party appearing before the House seeks a ruling that the percentage uplift provided for in a conditional fee agreement should be wholly disallowed on legal grounds, such a ruling should (unless otherwise ordered) be expressly sought from the House before the end of the hearing[65].

Submissions at judgment

19.3  If submissions on costs have not been made pursuant to direction 19.1, it may be appropriate for submissions on costs to be made in the light of the result of the appeal. In such cases the House postpones making an order for costs in order to allow the parties to make written submissions, usually within 14 days of the date on which judgment is given. One master plus seven copies of the submissions must be lodged at the Judicial Office, and copies sent to the other parties to the appeal.

19.4  The costs submissions are considered on the papers alone.

65   See Appeal Committee, 58th Report (2001-02): Conditional Fee Agreements (HL Paper 78). Back