Gillian McGivern v MBR Acres Limited & Ors

Facts

The appellant, Gillian McGivern, is a solicitor. She acted for several individuals against whom MBR Acres Limited had obtained a High Court injunction. The injunction barred them and "persons unknown" from entering or remaining in a marked area of land occupied by the company. On 4 July 2022 the respondent applied to commit the appellant for contempt, alleging that she had visited the area outside its premises in breach of the injunction. She was granted legal aid under section 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and instructed Scott-Moncrieff & Associates. She also entered into a "CFA lite" with them. Under it, the solicitors would seek any costs ordered against the other side at their inter partes rate of £400 per hour, but would not seek to recover more from her than the other side paid. Nicklin J dismissed the committal application as totally without merit and ordered the respondent to pay her costs on the indemnity basis. The appellant's bill claimed £120,292.21. Costs Judge Whalan held that her recovery was limited to the rates in schedule 4 to the Criminal Legal Aid (Remuneration) Regulations 2013. He assessed her costs at £20,673.34. Because of the respondent's earlier offers, he ordered her to pay the respondent's costs of the assessment, in the sum of £53,044.65. Sweeting J dismissed her appeal, and Coulson LJ granted permission for a second appeal.