Given the current uncertainty of proportionality a recent case we set down for Provisional Assessment has indicated the tables may now be turning in the Claimant’s favour. The case was a relatively small clinical negligence claim where the Defendant delayed in providing proper treatment to the Claimant after they failed to diagnose a ligament injury…
For cases commenced on or after 1 April 2013, there is a ‘new test’ of proportionality (albeit not too new anymore!), which provides that costs incurred by a party are proportionate if they bear a reasonable relationship to: the sums in issue in the proceedings; the value of any non-monetary relief in issue in the…
Proportionality is there, and it is staring us in the face. It is popping up left right and centre in unenthusiastically titled emails, articles and newsletters. Some optimistic decisions would be most welcome wouldn’t they? Alas it seems we have recently become more accustomed to the doom and gloom. MRN’s job is of course to…
In Sylvia Henry v News Group Newspapers Ltd [2013] EWCA Civ 19, the Claimant appealed a decision from Senior Costs Judge Hurst who refused to allow provision to depart from her approved cost budget, because of her failure to comply with the obligation to inform the Defendant of an increase to the approved costs. The…
Despite being introduced in April 2013 the new test of proportionality had not been given much thought by the courts. Then suddenly, two cases in quick succession have been decided in which we finally have some detailed guidance on how the new test of proportionality will be applied. BNM v MGN Limited [2016] EWHC B13…
The awarding of issue based costs – a recent decision overturned There has always been discretion available to the Court to make issue-based costs orders where a party succeeds on only part of its case. Where a Claimant beats its own Part 36 offer, but succeeds in only part of its case, can the Court…
Webb Resolutions Ltd v Countrywide Surveyors Ltd [2016] Ch Div (4 May 2016) A High Court Deputy Master held that a Defendant was entitled to costs of and incidental to a professional negligence claim where the Claimant had notified the Defendant of the claim under the Pre-Action Protocol for Professional Negligence, proceeded to issue the…
REFUSING TO ENGAGE IN COSTS MEDIATION – RESULTED IN SANCTIONS In the recent case of Reid v Buckinghamshire Healthcare NHS Trust [2015] EWHC B21, a refusal to engage in Mediation in the costs claimed in Detailed Assessment proceedings resulted in sanctions. This is the first case in the SCCO where sanctions have been imposed on the…
As is often the case these days another Civil Procedure Rule update brings another change to the rules concerning costs. The statutory instrument containing the amendments to the Civil Procedure Rules has now been confirmed and the update contains amendments to both the Practice Directions (PD) in respect of costs management and budgeting and the…
With effect from the 1st October 2015, CPR 47.6 was amended to alter the requirements for the commencement of Detailed Assessment proceedings. In cases in which a costs management Order has been made, a breakdown of the costs for each phase of the proceedings must be provided. This means that the Court will be paying even…