Rebecca Mogford The Proceedings related to a challenge brought by a beneficiary in respect of costs incurred in the administration of an estate. It should be noted that this case has had a number of hearings and there were a number of areas challenged, however, this article relates to the specific issue of administration…
Matt Luckhurst The recovery of success fees on the inter partes basis, save for a few types of cases, was effectively banned by virtue of the introduction of s.58A of the Courts and Legal Services Act 1990, in 2013 and the subsequent extension of the regime. However, the Court of Appeal in Hirachand –…
Grant Scully Many litigators will be aware of the historic case of Wraith v Sheffield Forgemasters Ltd [1998] in which it was considered when it is reasonable for a firm not located in the client’s local area to be instructed. However, costs is a fast paced environment and Wraith is now more than 20…
Rebecca Mogford Hourly rates is always one of the topics that unsurprisingly piques the interest of most litigators. Regardless of which area of law you work in, hourly rates are never (or should never be) far away from the forefront of your mind. The long-awaited CJC report that was released in January 2021 was…
David Burke A decision which may have been missed by many is the County Court decision of HHJ Rawlings in Hardy v Skeels (4th March 2021, County Court at Stoke) relating to the “Court fees only” sanction applicable in accordance with CPR 3.14 upon the late filing of a Costs Budget. A CCMC had…
Helen Appleby This Article considers the implications of Cost Orders following Judgement for the losing party. As with all Proceedings, the conduct of each party is a pivotal point for the Court to consider when determining the basis upon which Costs are to be paid. Indemnity costs are often sought by the successful party, particularly…
Terri Shepherd-Taylor An appeal in the case of Shar & Anor v Shah & Anor has recently taken place against a cost decision in the County Court where it was held that the Claimants could recover their costs after securing damages of just £10.00 following trial. By way of background, the substantive claim…
Rebecca Mogford Astor Bristol Ltd and Ors v Bristol School of Performing Arts Ltd (LAND REGISTRATION – COSTS) [2021] UKUT 43 (LC) This case involved a question over jurisdiction and whether the First-tier Tribunal (FTT) incorrectly struck out the Points of Dispute that had been filed as a consequence of the appellant failing to…
Jessica Wiggins In Weaver and Others v British Airways plc (No. 2) [2021] Costs LR 163 the Court ruled that the cost of preparing and sending an email to thousands of individual clients attaching a generic letter, a separate claim having been made for drafting the generic letter itself, was not a recoverable cost.…
Matthew Waring Thompson v NSL Ltd [2021] EWHC 679 (QB) The issue of revising Costs Budgets is a matter of ongoing litigation given the number of recent Judgments handed down; this is under the new regime of CPR 3.15A being the “Promptness” test in addition to the “Significant Development” test. The case of…