Comparing Recent Decisions on the Granting of Relief from Sanctions and Considering the Implications Thereof The sensible place to start an article comparing recent decisions relating to relief from sanctions, is by considering the rules themselves. CPR 3.9 provides: “(1) On an Application for relief from sanctions imposed for a failure to comply with any…
This issue of the reasonableness of insurance premiums was recently considered in the case of Mitchell v Gilling-Smith [2017] EWHC B18 (Costs) where it was held that an insurance premium of £10,000.00 was both reasonable and proportionate. The claim involved the negligent treatment of an ovarian endometrioma and damages were agreed at £200,000.00 for the…
Master invites a solution from the Rule Committee in respect of the phasing of costs management work in budgets and subsequent multi-phase bills The somewhat conflicting rules and guidance in respect of costs budgeting and the phasing of work relating to costs budgets came before Master McCloud, sitting as deputy costs judge in Woodburn v Thomas…
RNB v London Borough of Newham [2017] EWHC B15 (Costs) The relationship between an approved or agreed costs budget and a detailed assessment is one which has caused great difficulty in the near four and a half years since costs budgeting was introduced. Certainty regarding this ‘difficult’ relationship, appeared to come from the Court of Appeal…
Mott & Ano –v- Long & Anor (2017) EWHC 2130 (TCC) This case has further examined the possibility of seeking relief from sanction in relation to late service of a Cost Budget, and the prospect of success in making an Application for the same. Here the parties had been ordered to file and serve Cost…
The judgment of Mr Justice Kerr in Topping v Ralph Tristees Ltd [2017] EWHC 1954 (QB) is another reminder of the need for parties to extend common courtesy to each other in copying their opponent into correspondence with the Court. In this case the Claimant submitted an application to the High Court seeking the Court’s clarification in…
Much of the confusion and complication surrounding solicitor-client assessments of Bills of Costs surround the mechanism for the procedure, the importance of Statute Bills and compliance with the Solicitors’ Act and thereafter CPR 46.9. Once the matter reaches the Court, the assessment should take the form of any other normal assessment of costs, albeit on…
Following the recent case of Marsh -v- MOJ we have been asked to consider Thirlwall LJ decision on indemnity costs and whether the same should be payable as a result of the change in discount rate in March this year. The Defendant argued that the Claimant should not recover costs on the indemnity basis as…
Kaur v Committee for the time being of Ramgarhia Board Leicester After beating their own initial offer prior to Trial, Claimant obtains order for costs to be assessed on a standard basis following the expiry of Part 36 offer, on a case governed by Section IIIA of Part 45 The issue surrounding Part 36 offers…
The case of Napp Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd & Ors [2017] EWHC 1433 (Pat) was a £100 million patent infringement action. The Claimant/Respondent was unsuccessful at first instance and also at Appeal. At the latest Hearing on the matter, concerning an Application based on a Request for Further Information in…