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Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

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Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

Postby blackbox2342 » Thu Dec 10, 2015 12:40 pm

Hello All,

I've tried all the usual places and I am struggling to find a full transcript of this case.

Does anyone have one they can share?

Many thanks for your help in advance.
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Re: Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

Postby atticus » Thu Dec 10, 2015 1:39 pm

Sorry, I can't help.

I think some solicitors still keep actual books. If you can't get to a law library, is it worth asking local firms if they have this volume you could look at?

It seems also to be cited at [1993] 1WLR 1328.
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Re: Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

Postby blackbox2342 » Thu Dec 10, 2015 2:09 pm

Thanks for your help, the specific part I am interest in relates to what was reported in the Law Gazette back in 1994 (full article is here - http://www.lawgazette.co.uk/news/hidden-extras-a-review-of-the-main-developments-in-the-law-of-costs-in-civil-cases-during-1993/19528.fullarticle)

In the article the 'interesting' bit is as follows;

In Brush v Bower Cotton and Bower [1993] 4 All ER 741, Brooke J took the opportunity of dispelling a number of hoary old myths that have beset taxations for many years.

Out went the 'rule' that dealings with the court, counsel's clerk and counsel (unless charged for by counsel), were not chargeable items.

Out went the 'rule' that a solicitor could not charge for time spent preparing attendance notes. A restrictive approach was adopted to the allowance of unrecorded time, but notional allowances were made where secretaries carried out fee-earners' work and where fee-earners fulfilled the function of a courier.


It is the underline bit I'm trying to investigate as save for on the Law Gazette article I cannot see this point echoed anywhere else regarding the recovery of attendance notes and I thought the transcript would be the best place to clear this up.

If anyone knows of anything relating to the recovery for the time spent preparing attendance notes I'd be interested to hear.
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Re: Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

Postby dls » Thu Dec 10, 2015 2:33 pm

do not have the full judgment, but will post what I can shortly.

You might check again under [1993] 1 WLR 1328
Out went the 'rule' that a solicitor could not charge for time spent preparing attendance notes. A restrictive approach was adopted to the allowance of unrecorded time, but notional allowances were made where secretaries carried out fee-earners' work and where fee-earners fulfilled the function of a courier.


Does not seem quite correct. 'Work properly and reasonably done' for the client can include th epreparation of attendance and file notes, but that time must be recorded, and if not recorded would not be likely to be chargeable.
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Re: Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

Postby blackbox2342 » Fri Dec 11, 2015 9:17 am

Thanks David for your additional input.

I have undertaken research into the alternative citation but this has to be no avail.
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Re: Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

Postby Lurker » Sat Dec 12, 2015 7:48 am

Brush v Bower Cotton & Bower is a costs case I used to see (and use) quite a bit.

As far as I know there's no transcript, but there are case reports on Westlaw and Lawtel.

In a nutshell, solicitors can charge for preparing attendance notes, and those charges are recoverable inter-partes.

There's not much more that can be said about it.
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Re: Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

Postby atticus » Sat Dec 12, 2015 8:01 am

It appears to be reported in the All England Law Reports and the Weekly Law Reports: citations given in earlier posts.
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Re: Brush v Bower Cotton & Bower [1993] 4 ALL ER 741 QBD

Postby atticus » Mon Dec 14, 2015 9:35 am

@blackbox - I have obtained a paper copy (I'm in a barrister's chambers now). Please check your private messages.
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