BCX v DTA [2021] EWHC B27 (Costs): Shortfall? What Shortfall?


Cases where solicitors seek to recover “shortfall” costs from their clients are not often covered in the case law.

A recent decision (16th December 2021) by Master Brown (a) approved a payment of £330,000 from D to C (a protected party) in respect of his costs (b) determined that the reasonable recovery under a CPR 46.9 assessment by the solicitors from C was less than that amount (c) led to the outcome that there was no shortfall.

You can read Dan Stacey’s case note below, and the judgment can be accessed here.