Terri Shepherd-Taylor The question of whether a hearing fee is recoverable when a Claimant was eligible for a remission, but a fee remission was never considered, was recently dealt with on appeal in the case of Ivanoy v Lubble. The Circuit Judge had to consider many issues in reaching the decision as to…
Anna Lockyer Ohpen Operations Ltd v Invesco Fund Managers Ltd O’Farrell J described the lack of change to hourly rates since 2010 as “unsatisfactory” when summarily assessing costs in an application in the case of Ohpen Operations Ltd v Invesco Fund Managers Ltd [2019] EWHC 2504 (TCC). An increase to Senior Courts Costs Office…
Gemma Taylor Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd At MRN we are forever conscious of our clients’ requirements for regular payments on account owing to internal targets and in general pursuance of harmonious cash flow. The recent welcome but novel decision in the case of Orexim Trading Ltd v Mahavir Port…
Vicky Morris Fullick & Ors v The Commissionaire of Police for the Metropolis The recent case of Fullick & Ors v The Commissionaire of Police for the Metropolis [2019] EWHC 1941 (QB) deals specifically with the question of recoverability of the costs of attending an inquest in successful cases following the Claimant’s death.The recoverability…
Anna Lockyer Monex Europe Ltd v Pothecary & Anor In the case of Monex Europe Ltd v Pothecary & Anor [2019] EWHC 2204 (QB) the Defendant costs of £85,446 were not deemed disproportionate even though the Claimant costs were significantly lower at £44,669. To give this costs assessment some context, the costs being summarily…
David Burke After a long and busy summer, we thought it would be useful to summarise the recent decisions made in respect of CPR36. In Knight & Anor v Knight & Ors (Costs) [2019] EWHC 1545 (Ch) HHJ Matthews (sitting as a High Court Judge) was asked to consider whether or not a Part…
Jodi Booth MXX v United Lincolnshire NHS Trust [2019] EWHC 1624 (QB) (27 June 2019) The recent case of MXX v United Lincolnshire NHS Trust [2019] EWHC 1624 (QB) (27 June 2019) has identified further circumstances when good reason might be found to depart from a previously approved costs budget. It is common knowledge…
Jack Andrew Woodward -v- Hyder The above heading represents an interesting question sometimes asked by clients. If a fixed costs case is unsuccessful from a Claimant’s perspective, is the Defendant entitled to costs on an hourly rate basis or are they fixed? Woodward -v- Hyder Well, the recent Court of Appeal decision in…
Lindsay Woolford AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) The recent decision in AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) has found that the switch from Legal Aid funding to a CFA was reasonable in circumstances where the receiving party wished to instruct a preferred Expert,…
Kathryn Regan Gray -v- Commissioner of Police for the Metropolis Costs budgeting has been around for over six years now, but appeal decisions on the allowances made by Judges during this process are few and far between. A recent case of Gray -v- Commissioner of Police for the Metropolis dealt with the extent to…