The case of Whaleys (Bradford) Ltd v Bennett and another [2017] EWCA Civ 2143 was an appeal by the Claimant against an order for costs to be assessed on the standard basis in relation to three scheduled oral examination hearings within enforcement proceedings. The appeal was allowed as it was held that the conduct of the Defendants…
A costs judge has endorsed a firm’s decision to switch funding arrangements less than two weeks before a trial date in a commercial dispute and allowed it to claim higher costs on the new deal. Master James, sitting in the Senior Courts Costs Office in Dial Partners LLP & Anor v Eastern Airways International Ltd &…
What happens if a client receives a Statute Bill? And we aren’t talking the usually “delivery” of said Bill, but rather when the client has come into possession of the Bill by some other means? That is precisely what happened in the case of Parvez v Mooney Everett Solicitors Ltd [2018] EWHC 62 (QB). The…
Sharp v Blank and others [2017] EWHC 3390 (Ch) In Sharp v Blank and others [2017] EWHC 3390 (Ch) Chief Master Marsh provided some helpful guidance on revising cost budgets and what constitutes a “significant development”. Approximately 5,800 Claimants are bringing an action against former directors of TSB and Lloyds. The Trial is underway having commenced on…
Bates & Ors v Post Office Limited A High Court Judge has warned the two parties in a group litigation action that “a fundamental change in attitude…is required” and that continued refusal to co-operate would lead to “draconian costs orders”. The matter of Bates & Ors v Post Office Limited is of over 500 mostly sub-postmasters who are pursuing…
Mr Neville Cross v Black Bull (Doncaster) Limited Background The Appeal Judgement was handed down in the case of Mr Neville Cross v Black Bull (Doncaster) Limited on 20th December 2017. The case at first instance concerned a claim for personal injury brought by the Claimant. At the time of issue of proceedings, the case was valued at £10,000 but…
Hanley v JC & A Solicitors Ltd [2017] EWHC B28 (Costs) (19 December 2017) The Judiciary’s concern in “opening the floodgates” for considerable satellite litigation, if they rule that Solicitors can be Ordered to hand over their complete file in circumstances such as these Background This decision of the High Court follows in quick succession,…
W Portsmouth and Company Ltd –v- Lowin [2017] EWCA Civ 2172 There has been an interesting decision to come out of the Court of Appeal recently, where it was held that even when the Receiving Party has beaten their own Part 36 Offer on costs, the cap on the costs of Provisional Assessment still continues…
Green & Ors v SGI Legal LLP [2017] EWHC B27 (Costs) The judgment addressed four separate Part 8 applications for delivery up of papers, made under section 68(1) of the Solicitors Act 1974 by four former clients of the Respondent. Master Leonard in his judgment highlighted that the Senior Courts Costs Office had, over the…
Our Solicitor and Accredited Mediator Avi Dolties discusses costs mediation and its benefits. Click the image below to read and find out more of Avi’s article published in ‘Litigation Funding,’ the Law Society’s guide to finance and costs, December 2017 edition. A special thanks goes out to Rachel Rothwell, editor of Litigation Funding magazine. Avi Dolties