Lindsay Woolford Significant Developments and Budget revisions on account of the same: recent Case Law: Finsbury Food Group plc v Axis Corporate Capital UK Ltd and Others [2022] Costs LR 1337 As has been well documented, in October 2020 the Rules were amended with regards to Budget variations. Once the Court has approved a…
Brett Anderson It has been a persistent problem for practitioners working within the Court of Protection (“COP”) that when holding an entitlement to costs, whether in respect of inter-partes work or for the ongoing work in the administration of a protected party’s estate, the assessment of the costs can be a protracted affair. All costs,…
Matthew Luckhurst Mediation, mediation, mediation, the incessant drumbeat of the Courts for a number of years, with the threat of costs sanctions for failing to mediate. However, the recent case of Richards & Anor –and- Speechly Bircham LLP & Anor [2022] EWHC 1512 (Comm) has seemingly poured cold water on the parade. Richards related to…
Matthew Waring The current fixed costs regime has been in place for coming up to ten years now. In this relatively short period of time there have been a number of cases go to the Court over disputes concerning fixed costs. Below is a roundup of the some decisions relating to fixed recoverable costs:- Aldred…
David Burke Recovering inquest costs in subsequent civil proceedings is often difficult with many Defendants relying on the decision in “Roach v Home Office” [2010} QB 256 and “Lynch v Chief Constable of Warwickshire Police” [2014] Inquest LR 247 in seeking to limit the recoverability of the costs as part of costs of any subsequent…
Avi Dolties Doyle v M&D Foundations & Building Services Ltd Issue – In low value ex-protocol RTA, employer’s liability and public liability claims, does an agreement for costs to be ‘subject to detailed assessment if not agreed’ amount to an agreement between the parties to dis-apply Fixed Recoverable Costs (FRC)? Claimant argument – In this…
Lindsay Woolford In the matter of Thomas and others v PGI Group Ltd [2021] EWHC 2776 (QB) Mr Justice Cavanagh refused to grant the Defendant a Costs Capping Order under CPR 3.19, which is thought to be the first attempt at imposing a Costs Capping Order since the introduction of Cost Budgeting. The…
Jessica Wiggins In Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) Mrs Justice Fancourt held that defendants, who had not filed a revised costs budget, were not entitled to recover the costs of that counterclaim unless a relief from sanctions application was successful. The parties were all doctors who had been, or…
Rebecca Mogford The Proceedings related to a challenge brought by a beneficiary in respect of costs incurred in the administration of an estate. It should be noted that this case has had a number of hearings and there were a number of areas challenged, however, this article relates to the specific issue of administration…
Matt Luckhurst The recovery of success fees on the inter partes basis, save for a few types of cases, was effectively banned by virtue of the introduction of s.58A of the Courts and Legal Services Act 1990, in 2013 and the subsequent extension of the regime. However, the Court of Appeal in Hirachand –…