Matthew Waring Litigant in Person Costs: Michael Earl Wilson v John Forster Emmott [2023] EWHC 816 (KB) The thorny issue of whether a Solicitor should be restricted to Litigant in Person costs was considered. There have been a number of cases over the years which deal with this, however much of the issue turns on…
Avi Dolties Part 36 Round-Up IEH v Powell [2023] EWHC 1037 (KB) – ‘in righteousness shall you judge’ Leviticus 19:15-16 In this matter, the Court deliberated as to whether the normal Part 36 consequences should apply in the case of a child who sustained a serious brain injury where the Claimant had accepted a Part…
Rebecca Mogford As many practitioners will be aware of, the assessment of Court of Protection bills has been somewhat of an issue in the last 12 months+. There have been significant delays in the processing side and the actual assessment of the bills. However, the Court have been pro-active in trying to keep everyone up…
Various Claimants v News Group Newspapers Ltd [2023] EWHC 827 (SCCO) and Manek & Ors v 360 One WAM Ltd & Ors (Re Consequentials) [2023] EWHC 985 (Comm) Lindsay Woolford As has been well documented, there have been a number of recent decisions concerning the issue of Guideline Hourly Rates and the application of the…
Various Sam Borrowers v BOS (Shared Appreciation Mortgages) No. 1 Plc & Ors [2022] EWHC 2594 Avi Dolties Issue – Cost Budgeting Background –The claim relates to a comprise claims brought by 161 consumers, many of whom were now elderly, infirm or deceased, over being mis-sold a shared appreciation mortgage, sold by the defendants between…
Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) Avi Dolties Issue – Cost Budgeting Background –The claim relates to a construction dispute whereby the Claimant alleges various defects with the works and site of the plot. Damages are estimated to be worth as much as £10m. The matter proceeded…
Kathryn Regan A frequently occurring issue we find in respect of costs is to what extent a receiving party is entitled to recover specific items of costs from one paying party which relate, in part, to another party to the proceedings. This is a particular issue on cases involving claims and counterclaims, but also in…
Jack Andrew Ordinarily, the small claims track is seldom reported on from a costs perspective as, whilst it is not impossible to recover costs inter partes (CPR 27 provides for disbursements to be recovered), it is somewhat unusual to recover costs litigating the claim, unless evidence can be provided to show the opponent has ‘behaved…
Avi Dolties CXS v Maidstone and Tunbridge Wells NHS Trust [2023] EWHC 14 (KB) Issue – The first issue was the Claimant’s application for a further interim payment on account of costs and the second issue was the Defendant’s application for a costs management order. Background – The claim relates to a clinical negligence matter…
Rebecca Mogford The current position for Claimant practitioners is that Defendants are not currently able to set off their costs against both the Claimant’s damages and costs. The decisions in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132 were…