Crane – v – Canons Leisure Centre [2007] EWCA Civ 1352

The Court of Appeal held that not only could external costs draftsmen’s fees be claimed as a proper profit costs item rather than a disbursement, a success fee could be claimed on these fees also (where the solicitor had entered into a CCFA/CFA).

Lady Justice Hallett stated that the work carried out by the costs draftsmen was the type of work solicitors were retained to do and so the work carried out was undoubtedly solicitors’ work. Therefore, even though the solicitor had delegated the work, they had never relinquished responsibility for it or control of it.