Solicitor’s costs as a witness

Meretz Investments NV and another v ACP Ltd and others [2007] EWHC 2635 Ch D 14 November 2007

A property lawyer who had advised in relation to the transactions giving rise to the litigation had not given expert evidence, but had spent considerable time preparing his witness statements and appearing at court. The costs incurred by him, in assistance or general preparation of the case as a solicitor, and the cost of his attendance at court were allowable. The work involved in producing his witness statement had two components: work done by the lawyer as a witness of fact; and work which would have been done by a legal team in producing the witness statement. The costs of that task were not allowable save to the extent that the work done in completing that task was attributable to the lawyer in his capacity as a solicitor rather than in his capacity as a witness of fact.