It is rare we have the opportunity to alert out clients to a reduction in court fees, but here we are. Since the Court of Protection Fees Order 2007, the applicable fee for making an application to start court proceedings and the fee for filing an appellants notice have both been £400.00. As per Form…
Hertel & Anor v Saunders & Anor [2018] EWCA Civ 1831 upheld a first appeal decision made by the High Court Judge Mr Justice Morgan in which the defendants in the case managed to have their own Part 36 offer overturned. The Court of Appeal ruled last week that an offer made in respect of…
The Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 – This appeal concerns the operation of the qualified one-way costs shifting regime (known as QOCS) contained in Section II of Part 44 of the CPR. The original claim: The claim concerned the Metropolitan Police – with the help of Greater Manchester Police (GMP) (Defendants)…
JSC BTA Bank v Ablyazov and another [2018] EWHC 1368 (Comm) (8 June 2018) The Second Defendant in this matter was subject to a worldwide freezing order which had been made in previous litigation between the Claimant and the Defendant. The First Defendant had also been subject to the same freezing order however took no…
The recent case of Red and White Services Ltd v Phil Anslow Ltd & Anor [2018] EWHC 1699 (Ch) considered the issue of proportionality and cost budgeting. The case involved 2 bus companies with the Claimant alleging that the Defendant had trespassed to its bus slots at a bus station. The Defendant bus company made…
In a highly litigious world that we find ourselves living in today, it is increasingly likely that Solicitors will find themselves in a position where they are involved in Litigation concerning their own Cases/affairs. Is it therefore fair that a Solicitor can recover their usual retainer hourly rate from the paying party for work undertaken…
Hislop –v- Perde The Court of Appeal have finally provided clarification on the important question of whether, in a claim which begins on the Low Value Protocol but later exits and settlement is reached upon the Defendant accepting a Part 36 offer out of time, the Claimant is still only entitled to fixed costs. Unfortunately…
A leading city law firm were acting for the Russian airline Aeroflot in a case now discontinued where the airline has been ordered to pay indemnity costs for case which raised serious allegations of fraud. In the ruling over costs in the case of PJSC Aeroflot – Russian Airlines v Leeds & Anor (Trustees of…
Powell & Ors v The Chief Constable of West Midlands Police [2018] EWHC B12 (Costs) The Facts: The Claimants sought to bring an action following the death of Mikey Powell whilst he was in police custody. The Police were called because Mr Powell had deteriorating mental health problems; the Police car arrived and deliberately drove the…
Arjomandkhah v Nasrouallahi [2018] EWHC B11 (Costs) In this matter before Master Leonard at the SCCO, the Court rejected the Claimant’s argument that the Defendant’s costs, which were approximately one-third of the Claimant’s costs budget) were disproportionate. The case before the SCCO was an appeal following a Detailed Assessment by a Costs Officer of the…