22 September 2022
App Store claim: hourly rates ruling
Bookings for London conference now open
Members can now book for the ACL London conference on Friday 4 November, which is being held at the Kia Oval in south London.
The keynote speaker will be Sir Colin Birss, the deputy head of civil justice, chair of the Civil Procedure Rule Committee and chair of the Civil Justice Council’s costs working group. Masters Francesca Kaye and Victoria McCloud will also be speaking, with many more key figures in the costs world to be confirmed.
This is always a must-attend event and you can book your ticket here.
Application window opens for units 2 and 3 of Costs Lawyer training course
ACL Training has opened the application window for applicants eligible for unit 2 and 3 of the current course, starting in January 2023. The window is open until 30 November 2022 and full eligibility criteria and application forms are available here.
Further information about the current course is also available at here. Those joining the existing course as part of the unit 2 intake will be transferred to the new course when it is launched in 2023 and will complete their qualification through that route.
Those joining the unit 3 intake will be able to complete their qualification under the existing route. Queries about the existing course and application process or about the new course should be sent to firstname.lastname@example.org
CJC extends deadline for costs consultation responses
The Civil Justice Council has extended by two weeks the closing date for responses to its consultation on costs. The closing date is now midday on Friday 14 October.
CAT backs hourly rates above guideline figures
The Competition Appeal Tribunal has ruled that the representative claimant in a collective action against Apple is likely to be able to justify hourly rates above the guideline rates.
Dr Rachael Kent’s claim against Apple concerning fees levied in its App Store alleges that the tech giant has abused its dominant position by engaging in exclusionary and exploitative abuses in relation to purchases of apps and ‘in-app purchases’. She represents a UK class comprising nearly 20 million Apple mobile device users who have suffered aggregate losses of between £621m and £1.7bn.
She sought an interim payment on account of her costs, following the tribunal’s decision to deny Apple’s applications for summary judgment/strike out.
The defendants highlighted the comments by the Court of Appeal earlier this year that a “clear and compelling” justification was needed for rates above the guideline rates.
Dr Kent, represented by London firm Hausfeld, claimed grade A rates of £700, compared with the guideline rate of £512, grade B of between £480 and £530 (guideline rate: £348) and grade C of between £375 and £445 (guideline rate: £270).
Tribunal chair Ben Tidswell ruled: “The class representative maintains that the value of the litigation, level of complexity, urgency and importance of the matter and the international nature of the case all justify rates above the guideline rates, and she provides some examples of recent cases where rates were awarded at the level she claims.
“I anticipate that the class representative will be able to justify rates above the guideline rates, for the reasons she advances…
“I do however make a reduction of 5% against the time spent by solicitors, recognising the significant uplift against the guideline rates (between 36 and 64 % for the rates described above), which makes it likely that the class representative will not be able to justify the full extent of the claimed rates upon assessment.” This equated to £20,360.