The Firms — Deep Dive

RPC
Reynolds Porter Chamberlain

Solicitors for GunnerCooke — s.19A Costs Proceedings & Professional Negligence

RPC act for GunnerCooke LLP in two proceedings arising from the private prosecution: the s.19A costs application at Westminster Magistrates' Court and the professional negligence claim in the Business and Property Courts in Newcastle. Scott Ashby of RPC also attended the judicial review hearing at the Royal Courts of Justice, Administrative Court. Their instructed counsel, Angus Bunyan of 2 Hare Court, made submissions in July 2024 stating that GunnerCooke had approached the s.19A application on a "transparent and realistic basis" following a "careful review of the case file." RPC subsequently confirmed that they had not been provided with documents sent to them — raising a direct question about what that file review actually covered.

2
Proceedings in which RPC act for GunnerCooke — s.19A costs and professional negligence
12 Jul
2024 — Date of Bunyan's submissions claiming a "careful review of the case file"
3
Categories of missing material identified — WhatsApps, referral documents, JR transition material
The individuals

Who is involved
on the RPC side

The following individuals have been identified in correspondence and proceedings as acting for GunnerCooke through RPC.

Jo Makin
RPC — Solicitor

Named in my correspondence to Angus Bunyan as a recipient and point of contact at RPC. Copied on the 4 May 2026 email raising concerns about the completeness of the case file reviewed before the July 2024 submissions were advanced.

Scott Ashby
RPC — Solicitor

Named alongside Jo Makin as an RPC recipient in the correspondence of 4 May 2026 concerning the incomplete file issue. Instructed as part of RPC's team acting for GunnerCooke in the s.19A costs proceedings and professional negligence claim. Ashby also attended the judicial review hearing at the Royal Courts of Justice, Administrative Court.

Angus Bunyan
Barrister — 2 Hare Court, Temple — Counsel for GunnerCooke

Instructed by RPC as counsel for GunnerCooke. Made submissions on 12 July 2024 in the s.19A costs proceedings stating GunnerCooke's errors were "evident from a careful review of the case file", that there was "no record in the GC file" of certain advice, and that GunnerCooke had approached the application on a "transparent and realistic basis." In his March 2026 note, he invited the court to have close regard to those earlier submissions. When Neeraj wrote to him directly on 4 May 2026, Bunyan replied on 8 May 2026 stating that as counsel for an opposing party he could not receive or respond to direct communications and directing all contact to RPC.

Nasir Khan
GunnerCooke — Negligent Solicitor

The GunnerCooke partner who conducted the private prosecution and who referred me to Regan Peggs when GunnerCooke became conflicted. On 23 May 2024, Khan stated that a OneDrive link containing "all of our case files" had been sent to my counsel, Cammerman KC. He also advised me not to review certain material myself on the basis that I remained a witness. It subsequently emerged that material was missing from what had been provided — including WhatsApps between Khan and me, referral material and JR/Admin Court transition documents.


The proceedings

Two matters.
One firm acting throughout.

RPC act for GunnerCooke in two proceedings arising directly from the private prosecution. Scott Ashby of RPC also attended the judicial review hearing at the Royal Courts of Justice.

Proceeding 1 — s.19A Costs Application

Following the stay of the private prosecution, GunnerCooke faced a costs application under s.19A of the Prosecution of Offences Act 1985 — the provision under which a court can order a legal representative (here, the solicitor conducting the prosecution) to pay costs where they have acted improperly, unreasonably, or negligently. RPC act for GunnerCooke in defending that application before Westminster Magistrates' Court. DJ Ikram's judgment of 27 April 2026 determined the apportionment of the total allowed costs between Neeraj under s.19 and GunnerCooke under s.19A as part of the same apportionment exercise.

Proceeding 2 — Professional Negligence Claim (BL-2025-NCL-000007)

I have brought a professional negligence claim against GunnerCooke before the Business and Property Courts in Newcastle. My claim addresses GunnerCooke's conduct of the prosecution from start to finish: the strategic decisions made, the failure to advise on the abuse of process risk before the summons was issued, and the attempt to attribute the costs consequences to the lay client rather than the firm. RPC act for GunnerCooke in defending that claim.

RPC are relying on the s.19 and s.19A apportionment determined by DJ Ikram to defend the negligence claim — despite the fact that the file provided to my counsel before the apportionment hearing was incomplete. The apportionment is therefore being used as a shield in the negligence proceedings in circumstances where the full factual picture was not before the court when that apportionment was made.

A "careful review"
of an incomplete file

In his submissions of 12 July 2024, Angus Bunyan made three statements on behalf of GunnerCooke that are now directly in question:

"GunnerCooke's errors were evident from a careful review of the case file… there was no record in the GC file of certain advice having been given… GunnerCooke had approached the s.19A application on a transparent and realistic basis."
Angus Bunyan — 12 July 2024 Submissions — s.19A Costs Proceedings

In his March 2026 note, Bunyan returned to those submissions and invited the court to have close regard to them in considering the apportionment of costs. The court's April 2026 judgment proceeded on the basis that GunnerCooke had been transparent about its own conduct.

RPC subsequently confirmed to me that they had not been provided with a number of documents I had sent them — including material concerning the initial referral, Nasir Khan's continuing involvement in the JR and Admin Court transition, and communications involving Regan Peggs and Mr Hughes.

On 23 May 2024, Nasir Khan told my counsel Cammerman KC that a OneDrive link had been sent containing "all of our case files." Khan also advised me not to review certain material myself on the basis that I remained a witness in the proceedings. It emerged that the following material was missing from what was provided:

1
WhatsApp messages between Nasir Khan and Neeraj Handa — direct communications between the GunnerCooke partner and the client that may have been material to the question of what advice was given and when.
2
WhatsApp messages relating to the initial referral to GunnerCooke — communications concerning the initial referral and the choice of solicitor, directly relevant to the background and circumstances of the instruction.
3
JR and Admin Court transition documents — correspondence relating to Nasir Khan's continuing involvement after GunnerCooke became conflicted, including the transition to the judicial review proceedings and the referral to Regan Peggs.
4
Communications involving Mr Hughes and Regan Peggs — material relating to the period after GunnerCooke's conflict arose and the referral out of the costs proceedings.

The consequence was direct: I was unable, through those representing me at the apportionment hearing, to make submissions on the full factual picture. The court was invited to proceed on the basis of a "careful review of the case file" and a "transparent and realistic" approach — when the file that had been reviewed was not complete.

"That raises a serious fairness and prejudice issue, particularly where the court was invited to proceed on the basis of a 'careful review of the case file' and a 'transparent and realistic' approach by GunnerCooke."
Neeraj Handa — Letter to Angus Bunyan, 4 May 2026

Key events
in sequence

12 Jan 2024
DJ Ikram — Judgment

Private prosecution stayed — abuse of process finding

DJ Ikram issues his judgment staying the private prosecution. He finds there was a prima facie case on most of the Calma invoices but that there had been a deliberate breach of the duty of candour in the case summary. The prosecution is stayed. Costs applications follow.

14 Feb 2024
Costs Applications Filed

s.19A application filed against GunnerCooke; s.19 application against Neeraj

The defendants file a s.19A costs application against GunnerCooke and a s.19 costs application against Neeraj. RPC are instructed to act for GunnerCooke. Angus Bunyan of 2 Hare Court is briefed as counsel.

23 May 2024
Case File — Khan's Statement

Nasir Khan states "all case files" have been sent to Cammerman KC via OneDrive

Khan told my counsel that a OneDrive link had been provided containing all of GunnerCooke's case files. He also advised me not to review certain material myself on the basis that I remained a witness. It subsequently emerged that material was missing — including WhatsApps, referral documents, and JR transition correspondence.

13 Jun 2024
RPC — Urgent request

Jo Makin (RPC) writes requesting urgent response

Jo Makin of RPC writes directly to me requesting an urgent response in connection with the s.19A costs proceedings.

19 Jun 2024
Warning flagged to RPC before July submissions

I flag to RPC directly that additional material may exist

In correspondence to Mishcon de Reya, copied to Jo Makin and Scott Ashby at RPC, Cammerman KC, and Baker McKenzie, I state that if there is additional privileged material that sheds a different light on the cause and fault in the conduct of the case from instruction to judgment, RPC have a direct interest in drawing it to the attention of the parties. This is sent to RPC before Bunyan's July 2024 submissions are made.

The paucity of material in the disclosed file is noted — described as a reflection of its absence rather than it being ignored or withheld. RPC are on notice at this point that the file may not contain all relevant material.

12 Jul 2024
Bunyan Submissions

Submissions advance "careful review" and "transparent and realistic" case — despite prior warning

Angus Bunyan makes submissions on behalf of GunnerCooke stating that the firm's errors are "evident from a careful review of the case file", that there is "no record in the GC file" of certain advice, and that GunnerCooke has approached the application on a "transparent and realistic basis." These submissions are made after RPC were on notice that the file may be incomplete. The work log shows Bunyan corresponding with Henry Hughes and Nasir Khan in connection with these proceedings — relevant to what material he actually reviewed before the submissions were advanced.

28 Nov 2025
File gaps — Mishcon & all parties notified

File gaps formally notified to Mishcon and all parties — Dropbox link provided

I notify Mishcon de Reya that the file provided by GunnerCooke to Cammerman KC appears to have had gaps, discovered following the instigation of the professional negligence claim. I had not viewed the GunnerCooke file myself on Khan's advice. A Dropbox link to further materials is provided. This correspondence is sent to multiple parties including RPC. The ongoing bundle is also provided to all parties on this date.

5 Mar 2026
Mishcon to RPC — five days before hearing

Mishcon writes to RPC asserting documents already in their possession

Five days before the 10 March 2026 costs hearing, Christopher Gribbin of Mishcon de Reya writes to RPC noting that Neeraj is now a litigant in person and has provided a number of documents over the previous week. Mishcon asserts that the material largely reflects material already in the possession of RPC or GunnerCooke.

This assertion is directly relevant to the incomplete file issue. If the material Neeraj provided was already in RPC and GunnerCooke's possession, the question is why it had not been disclosed to those representing him — and why Bunyan's July 2024 submissions, which stated there was "no record in the GC file" of certain advice and that the file had been "carefully reviewed", made no reference to it.

Mishcon also confirms that the hearing has been listed since November 2025 following multiple adjournments over nearly two years, and states in the strongest terms that any attempt to adjourn will be resisted.

6 Mar 2026
RPC reply — day before document deadline

RPC reply — no adjournment sought but documents still being considered

Jo Makin of RPC replies to Mishcon confirming GunnerCooke does not intend to apply for an adjournment. The letter makes two significant concessions: first, that simply because RPC had not responded to documents provided by me does not mean they had not been considering them — the contents were being discussed with counsel and with both their professional and insurer clients. Second, that the NTT only produced its revised decision at 2.49pm on 27 February 2026, leaving limited time before the hearing.

The reference to insurer clients is notable — it confirms that GunnerCooke's professional indemnity insurer is a party to the discussions around the costs proceedings, alongside RPC as solicitors and Bunyan as counsel.

Mar 2026
Costs Hearing — materials issue raised

Costs hearing — the incomplete materials issue is live at the hearing

At the March 2026 costs hearing before DJ Ikram, the question of what materials had and had not been provided to those representing me remains a live issue. Bunyan's March 2026 note invites the court to have close regard to the July 2024 submissions — submissions made at a time when RPC had been put on notice that the file may be incomplete, and which were advanced on the basis of a file that did not contain all relevant material. Correspondence at this stage confirms that RPC had not been provided with documents I had sent to them.

27 Apr 2026
DJ Ikram — Costs Judgment

DJ Ikram's costs judgment — apportionment determined

DJ Ikram's costs judgment determines the apportionment of the total allowed costs between Neeraj under s.19 and GunnerCooke under s.19A. Both orders are made at the same hearing as part of the same apportionment exercise.

4 May 2026
Neeraj Writes to Bunyan

Incomplete file concerns raised — RPC and GunnerCooke copied

I wrote directly to Bunyan, copying Jo Makin and Scott Ashby at RPC and GunnerCooke's compliance team, setting out his concerns about the completeness of the file reviewed before the July 2024 submissions were advanced. I asked three specific questions: what file was reviewed, whether the submissions could properly have stated what they stated given the missing material, and whether the file included WhatsApps, referral material, and JR transition correspondence.

8 May 2026
Bunyan Response

Bunyan declines to engage — directs Neeraj to RPC

Bunyan responds stating that as counsel for an opposing party he cannot receive or respond to communications sent directly from me and that all communications must be directed to RPC. He notes the order was sealed the same day as his response. I acknowledged the position and noted that my concerns remain unanswered and that I would pursue the matter with RPC and GunnerCooke. The three questions put to Bunyan — about what file was reviewed, whether the submissions were proper given missing material, and what the file contained — remain unanswered.


Three questions
put to counsel — not answered

In his letter of 4 May 2026, I put three specific questions to Bunyan. Bunyan's response of 8 May 2026 declined to engage on the substance, directing all communication to RPC. The questions remain outstanding.

1
What file or material was reviewed before the 12 July 2024 submissions were advanced — specifically, did the file reviewed include WhatsApp messages, referral material, communications with Kelly Fox, and JR/Admin Court transition correspondence?
2
If the full relevant file material was not provided to counsel before the July 2024 submissions were made, how could those submissions properly state that there had been a "careful review of the case file" and that GunnerCooke had approached the s.19A application on a "transparent and realistic basis"?
3
Given that I was unable, through those representing me, to make submissions on the full factual position at the apportionment hearing — and that the court was invited to proceed on the basis of representations that may not have reflected the complete picture — what steps are being taken to address the resulting fairness and prejudice issue?

What the documents
establish

1
RPC act for GunnerCooke in two proceedings — the s.19A costs application at Westminster Magistrates' Court and the professional negligence claim at the Business and Property Courts in Newcastle. Both arise directly from GunnerCooke's conduct of the private prosecution. Scott Ashby of RPC also attended the judicial review hearing at the Royal Courts of Justice.
2
Bunyan's July 2024 submissions advanced a "careful review" case despite RPC being on prior notice. In correspondence of 19 June 2024, copied to Jo Makin and Scott Ashby at RPC, I stated that if additional privileged material existed shedding a different light on GunnerCooke's conduct, RPC had a direct interest in drawing it to the parties' attention. The work log shows Bunyan corresponding with Henry Hughes and Nasir Khan before those submissions were made.
3
RPC confirmed to me that they had not been provided with documents I had sent them. This confirmation is directly relevant to what "case file" was available to counsel before the July 2024 submissions were made and what the court was being invited to rely upon.
4
At least four categories of material were missing from what was provided. These include WhatsApps between Khan and me, referral material, JR and Admin Court transition documents, and communications concerning Regan Peggs and Mr Hughes — all potentially material to the full factual picture.
5
I was unable to make full submissions at the apportionment hearing. Because the complete file was not available to those representing me, I could not put the full factual position before the court at the hearing at which the costs were apportioned.
6
The three questions put to Bunyan on 4 May 2026 remain unanswered. Bunyan's response of 8 May 2026 declined to engage on the substance. The questions have been directed to RPC and GunnerCooke and as at the date of this record have not been answered.
7
Both the s.19 order against Neeraj and the s.19A order against GunnerCooke were determined at the same apportionment hearing. Both form part of DJ Ikram's determination of the total allowed costs. The different challenge routes available to each party represent a significant procedural asymmetry in the position.
8
RPC are relying on the s.19 and s.19A apportionment to defend the professional negligence claim. The apportionment determined by DJ Ikram is being used as a shield in the negligence proceedings — in circumstances where the file provided to my counsel before the apportionment hearing was incomplete and the full factual picture was not before the court when that determination was made.
Case references

s.19A Costs Proceedings: Westminster Magistrates' Court — refs 2300350663 & 2300350388 — DJ Ikram
Professional Negligence: BL-2025-NCL-000007 — Business & Property Courts, Newcastle
RPC Solicitors: Jo Makin, Scott Ashby
Counsel for GunnerCooke: Angus Bunyan — 2 Hare Court, Temple, London EC4Y 7BH