McGivern (Appellant/Defendant) v MBR Acres Limited and others (Respondents/Claimants)

Thursday 11 June 2026 Before Lord Justice Bean, Vice President of the Court of Appeal Civil Division Lord Justice Jeremy Baker Sir Nicholas Underhill By Appellant’s Notice filed on 22 August 2025, the Defendant appeals against an order made by the High Court on 29 August 2025 dismissing the Defendant’s appeal against a costs judge’s decision. The Appellant, a legally aided solicitor, challenged a ruling that indemnity costs in committal proceedings are limited to legal aid rates, even where those are lower than the Legal Aid Agency’s (LAA) own assessment. After successfully defending a contempt application, she was awarded indemnity costs. However, her £120,292 bill was reduced to £20,673, and she was ordered to pay the respondents’ assessment costs. The High Court dismissed the appeal, and rejected arguments that the LAA’s assessment was binding or that legal aid could be revoked to recover higher rates and refused a costs capping order.