Ahmed v Aventis Pharma Ltd

The recent case of Ahmed v Aventis Pharma Ltd [2009] EWHC 9052 (Costs) dealt with two small issues but both ones of interest.

Firstly, following the decision in Crane v Canons Leisure Ltd [2007 EWCA Civ 1352, where solicitors outsourced the job of sorting and summarising medical records they could treat this work as forming part of their profit costs rather than being treated as a disbursement, and thereby make a profit on this work.

The second issue considered whether photocopying charges were recoverable. CPD 4.16(5) states: "The cost of making copies of documents will not in general be allowed but the court may exceptionally in its discretion make an allowance for copying in unusual circumstances or where the documents copied are unusually numerous in relation to the nature of the case".

Master Gordon-Saker dealt with the matter in this way: "Photocopying charges will generally only be allowed where they are exceptional, otherwise they are considered to fall within the solicitor's overhead. To my mind what is exceptional will have to be measured by the facts of the particular case. In a case where the profit costs are less than £7,000 it would be unusual to see the generation of 2,540 photocopies. Accordingly I would view this as exceptional and allow the sum of £154.80 claimed as a disbursement". This is no doubt correct. What might be considered exceptional in a low value matter may not be exceptional in a substantial piece of litigation.