Over £1 million for an application? ‘Hang on a moment,’ says HHJ Pelling
Avi Dolties Case: Viegas & Ors v Cutrale & Ors [2024] EWHC 2778 (Comm) The judge had the task of determining the issue of costs…
Costs Law has many aspects and complexities, and the issues involved are often clarified by analysis of the judgements in specific cases. There are common arguments which paying parties raise in detailed assessment proceedings, many of which have the potential to reduce costs. Our aim is to minimise your exposure to these issues, protect your position at assessment and achieve maximum costs recovery.
In each of the topics listed below, we set out a brief summary of relevant costs law and provide our own summary of the key issues of the cases themselves.
Please note:The judgments discussed in these pages are not as reported, but merely a summary of our interpretation of those judgments. We accept no liability for any misconstrued understanding of such summaries, nor any loss or damage sustained as a result of any reliance upon such summaries.
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Avi Dolties Case: Viegas & Ors v Cutrale & Ors [2024] EWHC 2778 (Comm) The judge had the task of determining the issue of costs…
Avi Dolties Litigant in Person Costs – CPR 46.5(4) sets out how the costs will be calculated, and this is either by reference to: proven…
Kathryn Regan What do you need to do to make sure you are getting them right? Make sure you’re entitled to raise them Make sure…
Louise Satterthwaite What does an enforcement clause deal with? An enforcement clause outlines how the contracting parties’ obligations, duties or responsibilities will be enforced under…
Matthew Waring Proportionality in relation to costs has evolved, the latest overhaul (or reform if you will) came in 2013 with Rupert Jackson’s report. However,…
Rebecca Mogford As many practitioners will be aware, the assessment of Court of Protection remains an issue. There have been significant delays in the processing…
Aaron Hurst The general rule is that costs follow the event, and the unsuccessful party will be ordered to pay the successful party’s costs. However,…
Holly Archbold Given we only started to see the widespread use of generative AI in the legal industry mid to late 2023 we are only…
Avi Dolties Glaser and another v Atay (CA-2023-002356) This was heard by the Court of Appeal and on the 2.7.24 and judgment has been reserved.…
Jack Holland When writing an article on the implications of AI on the legal costs world my immediate focus was to test the present AI…
Rebecca Mogford When the original Judgment was handed down last year, there were a number of questions that were left unanswered, it was hoped that…
Terri Shepherd-Taylor It is standard practice for Fee Earners to record their time in 6 minute units for work undertaken on cases. The main reason…
Louise Satterthwaite It is not a new concept or a novel issue, nor will solicitors be unfamiliar with the requirement to provide a cost estimate…
Rebecca Mogford As many practitioners will be aware, the assessment of Court of Protection bills has been somewhat of an issue in the last 12…
Avi Dolties ISG Retail Ltd v FK Construction Ltd [2024] Costs LR 489 The matter related to a construction dispute. The Claimant engaged the Defendant…
Avi Dolties Parsons v Stevens The matter related to a road traffic accident case that settled shortly before Trial. Fixed costs applied. The Claimant was given…
Rebecca Mogford Court of Protection – Post Death update from the SCCO As you may be aware, Costs Judge James and Costs Judge Whalan have…
Avi Dolties Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428 The Claimant was a distributor of information technology equipment. The…
Avi Dolties Amini-Edu v Esure Insurance Company Ltd (8th March 2024) The matter related to a PI case that settled for £40,000.00. Fixed costs applied. …
Avi Dolties Manek & Ors v 360 One WAM Ltd & Ors (Re Consequentials) [2023] EWHC 985 (Comm) The matter related to an application made…
Lee Jeffries The Solicitor-Client Retainer is one of the most important documents in a costs assessment. It is vital that the legal representative ensures that…
Lindsay Woolford Costs will be assessed in the majority of cases on the standard basis where the Court will resolve any areas of doubt in…
Kathryn Regan Latest updates in the world of costs The approved minutes of the CPRC meetings which took place on 1 December 2023 and 2…
Matthew Waring The recent case of Reid –v- Wye Valley NHS Trust [2023] EWHC 2843 (KB) provides a timely reminder as to the Court’s power…
Avi Dolties Coram v DR Dunthorn & Son Ltd [2024] EWHC 672 (KB) The matter related to an appeal against a decision of the Deputy…
Avi Dolties Hadley -v- Przybylo [2024] EWCA Civ 250 The proceedings related to a personal injury claim. The Defendant drove into the back of the…
Avi Dolties Deutsche Bank AG v Sebastian Holdings Inc and another [2024] EWCA Civ 245 The appeal arose from a point of construction on s.…
Avi Dolties Judicial Review of extension of FRCs In August 2023, APIL issued judicial review proceedings against the government challenging several elements of the new…
Avi Dolties On review of the minutes, there are more fixed costs updates in February’s CPRC minutes: Clinical Negligence sub £25k proposals were not reported…
Avi Dolties Patel and others v Awan and another [2024] EWHC 464 (Ch) The proceedings related to Part 8 claim for an order sale in…
Avi Dolties Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) The proceedings related to two business partners in a 50/50 joint venture. This was…
Avi Dolties Northampton General Hospital NHS Trust v Hoskin The main issue to be considered was whether the receiving party was required to provide a…
MRN are excited to announce 3 of its senior staff members have been promoted to Associates with effect from May 2023. Samantha Rowles (Head of…
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…
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…
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…
Various Claimants v News Group Newspapers Ltd [2023] EWHC 827 (SCCO) and Manek & Ors v 360 One WAM Ltd & Ors (Re Consequentials) [2023]…
Delighted to hear one of our Colleagues, Victoria Weinrich-Cooke has won the ACL Conference Cup, awarded for attaining the highest grade in the year. Victoria…
Various Sam Borrowers v BOS (Shared Appreciation Mortgages) No. 1 Plc & Ors [2022] EWHC 2594 Avi Dolties Issue – Cost Budgeting Background –The claim…
Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) Avi Dolties Issue – Cost Budgeting Background –The claim relates to…
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…
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…
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…
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…
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…
Rebecca Mogford Menzies v Oakwood Solicitors Ltd [2022] EWHC 3199 (KB) Just when we thought we were done for the year (and what a year…
Rebecca Mogford The deductions of success fees from damages involving protected parties has always been a tricky subject. Since the LASPO changes were brought in…
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…
Jack Andrew As of Friday 18th November 2022, a number of solicitors up and down the country will have taken a sharp intake of breath…
Rebecca Mogford First we had Belsner, then we were swiftly followed by the case of Karatysz v SGI Legal LLP [2022] EWCA Civ 1388 which…
Matthew Waring Dance v East Kent University Hospitals NHS Foundation Trust & Ors [2022] EWHC 2198 (SCCO) It has been a while since most Practitioners…
Rebecca Mogford We’ve all heard about Belsner, but where does the Judgment leave matters? It was quite a week for Solicitor own Client matters last…
Jessica Wiggins As we know, the Courts have a wide discretion when it comes to costs and the decisions on hourly rates, in particular, can…
Rebecca Mogford As a firm, we have seen a substantial increase in the number of Solicitor own Client disputes over the past 9 years. Whilst…
Lindsay Woolford Significant Developments and Budget revisions on account of the same: recent Case Law: Finsbury Food Group plc v Axis Corporate Capital UK…
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…
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…
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…
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}…
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…
Lindsay Woolford In the matter of Thomas and others v PGI Group Ltd [2021] EWHC 2776 (QB) Mr Justice Cavanagh refused to grant 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…
Rebecca Mogford The Proceedings related to a challenge brought by a beneficiary in respect of costs incurred in the administration of an estate. It…
Matt Luckhurst The recovery of success fees on the inter partes basis, save for a few types of cases, was effectively banned by virtue…
Grant Scully Many litigators will be aware of the historic case of Wraith v Sheffield Forgemasters Ltd [1998] in which it was considered when…
Rebecca Mogford Hourly rates is always one of the topics that unsurprisingly piques the interest of most litigators. Regardless of which area of law…
Lindsay Woolford How are you managing your work life balance? Fortunately, MRN are really busy at present and I have found it very rewarding…
David Burke A decision which may have been missed by many is the County Court decision of HHJ Rawlings in Hardy v Skeels (4th…
Helen Appleby This Article considers the implications of Cost Orders following Judgement for the losing party. As with all Proceedings, the conduct of each party…
Terri Shepherd-Taylor An appeal in the case of Shar & Anor v Shah & Anor has recently taken place against a cost decision in…
Rebecca Mogford Astor Bristol Ltd and Ors v Bristol School of Performing Arts Ltd (LAND REGISTRATION – COSTS) [2021] UKUT 43 (LC) This case…
Jessica Wiggins In Weaver and Others v British Airways plc (No. 2) [2021] Costs LR 163 the Court ruled that the cost of preparing…
Matthew Waring Thompson v NSL Ltd [2021] EWHC 679 (QB) The issue of revising Costs Budgets is a matter of ongoing litigation given…
Lindsay Woolford Cranstoun and Another –v- Notta [2021] Costs LR 47 Following the October 2020 amendments to the Rules in respect of budget variations,…
Kathryn Regan Following amendments to the Rules in respect of revising budgets in October 2020, a recent Judgment of Master Kaye in Persimmon Homes &…
Rebecca Mogford Criterion Buildings Ltd v McKinsey and Another (Costs) This was a case involving a dispute in respect of what award for costs…
Jack Holland In the recent case of JMH (By her Litigation Friend AB) v CFH and Another [2020] Costs LR 1681 focus was placed…
Jack Holland The case of Godfrey v Automotive Products Limited was a claim for noise-induced hearing loss where the claim settled pre-issue in the sum…
Jack Holland A Court of Appeal judgment on the termination of Damages Based Agreements (DBA’s) has recently been handed down in the case of…
Be careful regarding interest on disbursement funding loans and advice given to Clients regarding recovery of the same. Master Gordon Saker made it clear…
Rebecca Mogford As we have recently reported, Guideline Hourly Rates have been something of a hot topic over the last few months. We have…
Grant Scully ACC & Ors (property and affairs deputy; recovering assets costs for legal proceedings) [2020] EWCOP 9 It can be quite common for…
Rebecca Mogford Over the last few months we have had a flurry of activity from various cases and commentary from the judiciary on hourly…
Gemma Taylor BDW Trading Ltd v Lantoom Ltd [2020] Costs LR 1597 In this recent Technology and Construction Court (Queen’s Bench Division) case, Mr…
Kathryn Regan It has been drilled into litigators over the past 7 years that all parties are required to file and exchange budgets in…
Jack Andrew Swift –v- Carpenter Pursuant to the landmark Court of Appeal decision in Swift v Carpenter, handed down on 9th October 2020, it would…
Jessica Wiggins The Court of Appeal offered some very welcome guidance as to how the amount of a payment on account of costs may…
Rebecca Mogford As many of you will know, the issue of Guideline Hourly rates has been a hot topic over the last few weeks following…
Avi Dolties How are you managing your work life balance? Is this a serious question? Work/Life? It’s more like work/work! Fortunately, for MRN we have…
Matthew Waring This case is of interest to litigators who seek interim payments following the making of Costs Orders in favour of both parties, or…
Gemma Taylor Greater Manchester Fire and Rescue Service v Susan Ann Veevers [2020] EWHC 2550 (Comm) Helpful guidance has been provided by the High Court…
Helen Appleby As all Practitioners should be aware, the Civil Procedure Rules contain specific Guidelines in relation to Part 36 offers, which was incorporated to…
Kathryn Regan In the recent Judgment of Belsner –v- Cam Legal Services Limited, Mr. Justice Lavender, on appeal, considered the question of whether a firm’s…
Holly Archbold The long awaited judgment of Swift -v- Carpenter [2020] EWCA Civ 1295 has clarified the method for calculating accommodation claims. Practitioners will be…
Rebecca Mogford This morning it was announced that a significant step had been taken in the Courts accepting that the Guideline Hourly rates that had…
Louise Satterthwaite Introduction of a new protocol The situation the country as a whole has faced during this Covid 19 Crisis has affected may work…
Jessica Wiggins Coronavirus has changed the world as we know it but have you considered how it might have changed your case and the resulting…
Matthew Waring De Sena and Another v Notaro and Others [2020] Costs LR 737 This was a claim which stemmed from a corporate demerger of…
Rebecca Mogford Intro The recent case of Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB) has given us a number of decisions…
By Jack Andrew Previously on the 1st October 2019, the following amendment was made to Cost Management, Practice Direction 3E, paragraph 7.4:- “As part of…
By Jack Holland Following on from our earlier article we have now obtained sight of the newly drafted Precedent T which is to be implemented…
By Lindsay Woolford News in: Guidance on the new Precedent T is now here! As mooted in February 2020, it has now been announced on…
Kathryn Regan Following the decision in Ainsworth –v- Stewarts Law LLP, there has, perhaps unsurprisingly, been a shift in the way points of dispute are…
Louise Satterthwaite Farmer v The Chief Constable of Lancashire [2019] EWHC B18 (Costs) This matter related to a claim for costs by way of a…
Melissa Parnham Indemnity v Standard costs – The importance of ADR and the type of offers made In Jagger v Holland [2020] EWHC 1197 (QB)…
Lindsay Woolford In the recent High Court decision in Hutson and Others v Tata Steel UK Ltd [2020] Costs LR 369, consideration was given to…
David Burke In the recent case of Heathfield International LLC v Axiom Stone” (London) Ltd [2020] EWHC 1075 (Ch) the 2nd Defendant filed their Costs Budget…
Jack Holland In the recent case of Utting v City College Norwich [2020] EQHC B20 (Costs) Master Brown has rejected the Defendant’s submissions that an…
Jack Andrew Qualified One Way Costs Shifting (‘QOCS’). A topic revered by any cost practitioner and one that does not seem to be going away…
Avi Dolties A question of reason says XDE v North Middlesex University Hospital Trust [2020] EWCA Civ 543 Court of Appeal upholds High Court decision…
Kathryn Regan Hot on the heels of guidance agreed by the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers and a protocol…
Rebecca Mogford Uncertain times? “Do what can be done safely” is the message from the Courts. The Lord Chief Justice has issued guidance which…
Jack Andrew Turner -v- Cole The question of whether it is possible to contract out of fixed costs and whether such phrases as ‘costs payable…
Lindsay Woolford Following the recent publication of the Civil Procedure Rules Committee Minutes from December 2019, it is welcome news that Guideline Hourly Rates…
Terri Shepherd-Taylor The question of whether a hearing fee is recoverable when a Claimant was eligible for a remission, but a fee remission was…
Retainer Jessica Wiggins – Deputy Head of Costs Get your retainer in order from the outset and review it as the case progresses to ensure it…
Joining our team in Manchester, MRN Solicitors are happy to welcome our newest Costs Solicitor, Muzna Nadim. After completing her LPC at the University…
Anna Lockyer Ohpen Operations Ltd v Invesco Fund Managers Ltd O’Farrell J described the lack of change to hourly rates since 2010 as “unsatisfactory”…
Gemma Taylor Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd At MRN we are forever conscious of our clients’ requirements for regular…
Joining our team at Leeds, Victoria Yeomans is our newest Costs Solicitor & Senior Costs Draftsman and brings with her experience of almost two decades…
Vicky Morris Fullick & Ors v The Commissionaire of Police for the Metropolis The recent case of Fullick & Ors v The Commissionaire of…
This week MRN Solicitors welcomed the newest member to our team of experienced Costs Draftsman – Victoria Corris. Specialising in all areas of personal…
Anna Lockyer Monex Europe Ltd v Pothecary & Anor In the case of Monex Europe Ltd v Pothecary & Anor [2019] EWHC 2204 (QB)…
Recently returning from maternity leave, MRN Solicitors were very pleased to welcome our Gemma Taylor back into her valued role of Senior Costs Draftsman and…
David Burke After a long and busy summer, we thought it would be useful to summarise the recent decisions made in respect of CPR36.…
Jodi Booth MXX v United Lincolnshire NHS Trust [2019] EWHC 1624 (QB) (27 June 2019) The recent case of MXX v United Lincolnshire NHS…
Jack Andrew Woodward -v- Hyder The above heading represents an interesting question sometimes asked by clients. If a fixed costs case is unsuccessful from…
Did you know? We value personal and professional growth at MRN Solicitors, which is why we set up systems to support our Costs Experts through…
Lindsay Woolford AB -v- Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) The recent decision in AB -v- Mid Cheshire Hospitals NHS Foundation…
Did you know? At MRN we like to make sure our Costs Experts are up to date with the constantly changing arena that is…
After some fantastic results over the past couple of weeks, last night MRN treated their hard-working staff to a night of food, drink and entertainment…
Kathryn Regan Gray -v- Commissioner of Police for the Metropolis Costs budgeting has been around for over six years now, but appeal decisions on…
Did you know? MRN Solicitors offer a variety of different seminars to clients nationwide, with topics such as Maximising your Profit through good File Management…
Kathryn Regan, Rebecca Mogford Rattan v Carter-Ruck There has been a significant increase in legal commentary on Solicitor own Client costs and the challenges…
Wesley Swindell Hammond v SIG plc & Subsidiary Companie [2019] EWHC B7 (Costs); Ferri v Gill [2019] EWHC 952 (QB) The Case of Qader v…
MRN is delighted to announce the appointment of Rebecca Mogford as Head of Technical. With full responsibility for Technical, Rebecca will play a key role in meeting the…
Rebecca Mogford West -v- Stockport NHS Foundation Trust The Judgment has provided eagerly-awaited clarity in relation to the assessment of the reasonableness and proportionality…
Rebecca Mogford West & Demouilpied v Stockport NHS Foundation Trust New test? We say “new”, we are actually now 6 years post LASPO and…
Jack Andrew Since 1st April 2013, costs litigation has been a rollercoaster, with several wide-ranging changes being made from fixed costs, cost budgeting, electronic…
Avi Dolties XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB) The claim arose from a delay in the diagnosis of the…
MRN Solicitors announced today the promotion of Jessica Wiggins to Deputy Head of Costs. Jessica is involved in some of the firm’s largest and…
David Knowles Seekings and another v Moores and others [2019] EWHC 1476 (Comm) (7 June 2019) The above judgment relates to a Defendant’s Application…
Jessica Wiggins YZ (a protected party proceeding by way of her litigation friend) v Gloucestershire Hospitals NHS Foundation Trust [2019] EWHC B4 (Costs) (11…
Sparing some time in an otherwise jam-packed week Vikki Weinrich-Cooke, one of our Costs Experts, has been kind enough to answer a few questions about her experience…
Helen Appleby Ainsworth v Stewarts Law LLP [2019] 2 WLUK 407 (26 February 2019) I have been working in legal costs now for over…
Terri Shepherd-Taylor East Sussex Fire And Rescue Service v Austin [2019] EWHC 1455 (QB) This action arose from a firework explosion which happened on…
Did you know? Our Cost Experts are nationwide! MRN has offices in fantastic city-centre locations; Manchester, Leeds and London. In the heart of the city,…
Did you know? At MRN Solicitors, we offer and support a variety of training packages to our Cost Experts, including- Higher Rights of Audience Training…
Lindsay Woolford Zurich Insurance Plc –v- Romaine [2019] EWCA Civ 851 A recent Court of Appeal decision has found that a Judge was wrong…
We asked Kathryn Regan, one of our Costs Experts, to take some time out of her very busy schedule working across 3 screens, for her…
Jack Andrew AssetCo PLC -v- Grant Thornton UK LLP [2019] EWHC 592 (Comm) While already a case of interest for any cost practitioner, given…
Rebecca Mogford Solicitors Regulation Authority v Good Claimants have come under scrutiny in recent times regarding fundamental dishonesty and there has been an increase…
On the 28th April 2019 our very own Hannah Dabinett ran the London Marathon in order to raise money for The Christie – the largest…
Jack Holland Cook v Malcolm Nicholls Limited In the recent case of Cook v Malcolm Nicholls Limited the point was taken by the Defendant…
Kathryn Regan Herbert -v- HH Law [2019] EWCA Civ 527 Following the amendments brought in by the Legal Aid, Sentencing and Punishment of Offenders…
Matthew Waring Lovatt v Lew Diecastings Ltd [2019] It seems to be that every week an issue relating to Fixed Costs hits the legal…
Jessica Wiggins Barts Health NHS Trust v Hilrie Rose Salmon [2019] The requirement to show “good reason” when seeking to depart from an approved…
Terri Shepherd-Taylor I v Hull & East Yorkshire Hospitals NHS Trust In the recent case of I v Hull & East Yorkshire Hospitals NHS…
Avi Dolties Murray v Oxford University Hospitals NHS Trust [2019] EWHC 539] This was a clinical negligence matter where following conclusion of the claim,…
Lindsay Woolford Zeromska-Smith –v- United Lincolnshire Hospitals NHS Trust [2019] 2 WLUK 375 In the recent case of Zeromska-Smith –v- United Lincolnshire Hospitals NHS…
Helen Appleby Chalfont St Peter Parish Council –v- Holy Cross Sisters Trustees Inc This case concerned itself with a piece of land. The land…
Matthew Waring Beardmore v Lancashire County Council (2019) Medical agency fees are often contentious items during cost litigation and we now have a new…
Rebecca Mogford Whitaker v Richard Slade & Company Plc [2018] EWHC B17 (Costs) Over the last 12 months we have seen a significant number…
Matthew Tinker So here we have it. The 104th Update – Practice Direction Amendments is upon us. http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/cpr-104thpd-update-signed.pdf We have all heard about the…
Kathryn Regan Warren v Hill Dickinson LLP [2019] EWHC B1 (Costs) (23 January 2019) Can a Solicitor obtain an interim payment on a statute bill…
David Burke Arcadia Group, Topshop/Topman Limited & Sir Philip Green v Telegraph Media Group Limited [2019] EWHC 96 (QB) Many of you will no doubt be…
Rebecca Mogford Andrews v Retro Computers Ltd [2019] EWHC B2 (Costs) Good news has come for Claimants in the form of the decision made by…
Jack Andrew Miss Seyi Adelekun -v- Mrs Siu Lai Ho The conflict between fixed costs and traditional costs on an hourly rate basis continues.…
The recent case of Vertannes v United Lincolnshire Hospitals NHS Trust deals with the Claimant’s Bill of Cost being drafted in the incorrect format following…
To bring in the new year we’ve asked some of our experts for their top costs tips, which we’ve put together for you into a…
In Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers) [2018] EWHC 3064 (Ch) Mr Justice Birss, on Appeal from the Order of District Judge Kelly,…
BMCE Bank International PLC v Phoenix Commodities PVT LTD & Anor [2018] EWHC 3380(Comm) There is an abundance of caselaw reiterating time and time…
On 29th November 2018, David Gaulke, Justice Secretary, announced within the House of Commons from 6th April 2019, conditional fee agreement (‘CFA’) success fees will…
Ayton v RSM Bentley Jennison and Others [2018] EWCH 2851 (QB) The Defendant was ordered to pay costs in a professional negligence claim, having…
Yirenkyi v Ministry of Defence EWHC 3102 (QB) This recent case concerned the approach taken to cost budgeting and the making of an Order…
Riordan and Ors v Moon Beever Solicitors (a firm) [2018] EWHC 1452 (QB) Since the introduction of the CPR in 1999 the Courts have…
Lyons v Fox Williams LLP [2018] EWCA Civ 2347 The recent case of Lyons v Fox Williams LLP [2018] EWCA Civ 2347 involved consideration of…
Slade (t/a Richard Slade And Co) v Abbhi [2018] EWHC 2039 (Comm) Following a three-day Trial, the High Court found in favour of a…
Worley –v- Persimmon Homes (West Yorkshire) The Claimant had tripped and fell due to a protective nosing on a flight of stairs becoming partially detached,…
AR v Barts Health NHS Trust, Claim Number HQ14X01928 The ability to recoup ATE premiums from paying parties in litigation on the whole ended with…
Bank St Petersburg PJSC & Anor v Arkhangelsky & Ors [2018] EWHC 2817 (Ch) This case concerns itself with the costs awarded following a…
The recent case of Allen v Brethertons LLP provided several points of interest in relation to client challenges to Bills which practitioners need to be…
The post LASPO era has not exactly been the ‘golden years’ for personal injury lawyers. Among the main changes was in relation to success fees.…
In the recent case of Imansouren v Ocado Central Services Limited, the Claimant’s conduct resulted in his stage 3 ATE premium of £94,000 being assessed…
In the recent case of Yirenki v Ministry of Defence [2018] 11 WLUK 53 the Claimant Appealed against a Costs Management Order of Master Davison…
In the recent case of Hosking & Anor v Apax Partners LLP & Ors [2018] EWHC 2732 (Ch) (18 October 2018) Mr Justice Hildyard has…
Manjit Gill v Heer Manak Solicitors [2018] EWHC 2881 Background Mr Manjit Gill, (hereafter referred to as the Appellant for simplicity) was involved in…
Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB) This case involved a claim for personal injury after the Claimant suffered an allergic reaction from eating…
LINK UP MITAKA LIMITED trading as THEBIGWORD -v- LANGUAGE EMPIRE LIMITED & YASAR ZAMAN The Rules Section IV of CPR 45 provides for scale…
In the recent decision of Culliford & Anor –v- Thorpe [2018] EWHC 2532 (Ch) HHJ Matthews held that it was possible for the Court to…
In the recent case of Reynolds v One Stop Stores Limited (unreported), an appeal in the County Court at Norwich and Cambridge, the Court gave…
In the recent case of Mr Douglas Hague v British Telecommunications Plc attention has been drawn to the importance of attendance notes in supporting agreements…
It is not uncommon in multi Defendant cases for a Claimant to need to discontinue against one or more Defendants. However, in the case of…
Phoenix Healthcare Distribution v Woodward and another [2018] EWHC 2152 (Ch) was an appeal in a contract and misrepresentation claim brought by Sally Woodward and Mark…
Holmes v West London Mental Health Trust In this exceptionally serious case of mismanagement of a Claimant resulting in Lithium poisoning, the Judge examined the…
Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 The above case was originally heard by Regional Costs Judge Hale and was then leapfrogged to…
To what extent and when should Counsel’s brief fee be recoverable where a matter settles shortly before a hearing? The issue was recently considered in…
It is rare we have the opportunity to alert out clients to a reduction in court fees, but here we are. Since the Court of…
Hertel & Anor v Saunders & Anor [2018] EWCA Civ 1831 upheld a first appeal decision made by the High Court Judge Mr Justice Morgan…
The Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 – This appeal concerns the operation of the qualified one-way costs shifting regime (known…
JSC BTA Bank v Ablyazov and another [2018] EWHC 1368 (Comm) (8 June 2018) The Second Defendant in this matter was subject to a worldwide…
The recent case of Red and White Services Ltd v Phil Anslow Ltd & Anor [2018] EWHC 1699 (Ch) considered the issue of proportionality and…
In a highly litigious world that we find ourselves living in today, it is increasingly likely that Solicitors will find themselves in a position where…
Hislop –v- Perde The Court of Appeal have finally provided clarification on the important question of whether, in a claim which begins on the Low…
A leading city law firm were acting for the Russian airline Aeroflot in a case now discontinued where the airline has been ordered to pay…
Powell & Ors v The Chief Constable of West Midlands Police [2018] EWHC B12 (Costs) The Facts: The Claimants sought to bring an action following the…
Arjomandkhah v Nasrouallahi [2018] EWHC B11 (Costs) In this matter before Master Leonard at the SCCO, the Court rejected the Claimant’s argument that the Defendant’s…
The recent case of JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) provides interesting reading regarding the continued importance of Wraith…
Following the ruling in the case of R (Adath Yisroel Burial Society and another) v HM Senior Coroner for Inner North London [2018] EWHC 969…
Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 Wrongly named Defendants in CFAs is a recurring issue with various non-binding and conflicting decisions…
This is an ongoing issue and one that crops up on a lot of cases that we see come through our doors. In the first…
Bratek v Clark-Drain Ltd (2018) Fixed Recoverable Costs, it has been five years now since they were implemented in their current form, yet there is…
Estera Trust (Jersey) Ltd & Anor v Singh & Ors [2018] EWHC 1715 This case related to an application for relief under sections 994-996 of the…
Tuson v Murphy [2018] EWCA Civ 1461 This claim concerned personal injuries sustained by the Claimant as a result of a horse riding accident at…
An Analysis of Ansell & Evans -v- A.T & T (GB) Holdings Ltd The less than perfect drafting of the fixed costs rules contained in…
The Facts: The Court of Appeal has handed down an extremely important decision this month, which has seen a successful Claimant have their Assessment Costs…
Report on the Case of: Bott & Co Solicitors Ltd v Ryanair DAC [2018] EWHC 534 (Ch) On 16 March 2018, The High Court handed…
The Senior Court Costs Office has once again rejected attempts made by a personal injury client for access to their former Solicitor’s file of papers.…
One of the areas we are seeing the most increase of cases in is solicitor own client disputes. Recently the Commercial Court held that a…
A Senior Costs Judge in the Mirror Group Newspapers (MGN) phone hacking litigation has recently held that the proportionality test does not prevent the recovery…
Shalaby v London North West Healthcare NHS Trust [2018] EWCA Civ 1323 The Court of Appeal has ruled that the provisions of Part 36 do…
Hogg v Newton (Judgment handed down 18th May 2018) highlights the importance of ensuring that every intended element of a claim is included, or excluded,…
In Molodi v Cambridge Vibration Maintenance Service (1) and Aviva Insurance Limited (2) [2018] EWHC 1288 (QB) the High Court have allowed the Defendant’s appeal…
In the recent case of Sirketi v Kupeli & Ors [2018] EWCA Civ 1264 the Court of Appeal overturned an order for costs in favour…
A review of the decision in Harrap v Brighton & Sussex University Hospitals NHS Trust [2018] EWHC 1063 (QB) The recent decision in Harrap v…
Record Providers will now have to change how they respond to Subject Access Requests under the new General Data Protection Regulation (GDPR), which came into…
Much has been made of the comments of Chief Master Marsh in Leslie & Others v MGN Limited [[2018] EWHC 1244 (Ch)] at paragraphs 38-48…
Nicolaou v Cass (2017) Claim Number B04LV651 in the Liverpool County Court This was a Clinical Negligence claim which settled for £250,000.00, costs were then…
Mrs. Francois v Barclays Bank plc [2017] EWCH 3531 (QB) in the Queen’s Bench Division of the High Court the Judge allowed an appeal against…
Lords Ltd v HSBC Bank Plc [2018] EWHC 860 (Comm) The main action arose from an investment made by the Claimant in 2007 in two…
Sir Kevin Barron MP & Others v Jane Collins MEP & UKIP [2018] EWHC 253 (QB) This is a judgment by Mr Justice Warby in…
The implications of using these two different negotiation tactics were deemed “both real and important” in Marcura Equities FZE & Anor v Nisomar Ventures &…
Costs issues can arise at any point, before, during or after litigation. When a small, discrete point crops up it’s the temptation of many litigators…
Master Rowley, leading costs judge, has provided authority in the case of Jallow v Ministry of Defence [2018] EWHC B7 (Costs) regarding the ever popular issue…
The initial decision An action was brought by an estate claiming ownership of a property. The defendant sought to argue that she owned the property…
The Court addressed a number of issues in this relating to the validity of Part 36 offers, costs consequences applying to Part 36 offers and…
In Nash v Ministry of Defence [2018] EWHC B4 (Costs), the Defendant advanced the argument that where the Court has reduced the hourly rates in…
The new Practice Direction updates the previous Practice Direction by making reference to the Insolvency Rules 2016, taking account of recently decided cases and changes…
Hickey v The Secretary of State for Work and Pensions [2018] EWCA Civ 851 The case of Hickey v The Secretary of State for Work…
Recovery Partners GB Limited and Another v Rukhadze and Others [2018] EWHC 95 (Comm) High Court considers whether deed of indemnity from ATE insurer is…
In the case of Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018] EWHC 827 (TCC), the Claimant had won their case at Trial…
Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 Claim details This Court of Appeal case looks at the…
Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd [2018] UKSC 21 This case involved six Claimants who were involved in road traffic accidents with…
Secretary of State for the Home Department v Barry [2018] EWCA Civ 790 There are often circumstance when a case is built around more than…
Following our accolade as Costs firm of the Year 2017, we are delighted to announce that we have been selected as Finalists for the prestigious LegalWeek…
The Supreme Court ruling in Gavin Edmonson Solicitors Limited v Haven Insurance Company Limited [2018] UKSC 21 will be welcome news for personal injury firms…
This case relates to four test cases started by the NHS Dorset Clinical Commissioning Group seeking clarification in the law over the deprivation of liberty…
Springer (Personal Representative of The Estate of Wayne Anthony Springer (Deceased)) v University Hospitals of Leicester NHS Trust [2018] EWCA Civ 436 This is a…
It has today been confirmed that Fixed Recoverable Costs will now also be extended to Holiday Sickness Claims. The Government requested that the Civil Procedure…
It seems that the Courts are now providing the clarity the profession has called for in relation to applications for delivery up of Solicitor files…
The issue of the definition of “win” and the assignment of CFA’s was recently considered by Master Leonard in Warren v Hill Dickinson LLP [2018]…
KAI SURREY (A Child and Protected Party, by his Litigation Friend, AMY SURREY) v BARNET AND CHASE FARM HOSPITALS NHS TRUST, AH (A Protected Party,…
A review of the recent case law addressing whether the hourly rate applied at a detailed assessment on incurred costs should apply to the budgeted…
Our Solicitor and Accredited Mediator Avi Dolties considers whether mediation would help the NHS in its current state. Click on the image below to read Avi’s…
Adam Fenton Douglas v Ministry of Justice & Care UK [2018] EWHC B2 (Costs) There are numerous authorities regarding the recoverability in principle of costs…
It seems that further to the recent decisions in Green & Ors v SGI Legal LLP [2017] EWHC B27 (Costs)and Parvez v Mooney Everett Solicitors Ltd [2018]…
A celebrity has made it into costs news once again, though for me it would take royalty to beat the legendary status of Brian May.…
Whilst it is long been established that a Part 36 offer of 100% is not considered a genuine attempt to settle for the purpose of…
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…
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…
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…
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…
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…
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…
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,…
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…
Green & Ors v SGI Legal LLP [2017] EWHC B27 (Costs) The judgment addressed four separate Part 8 applications for delivery up of papers, made…
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…
The 93rd Update on Practice Directions Changes have been made to the costs that can be recovered in relation to the cost budgeting process. The…
Lowin v W Portsmouth and Co Ltd [2016] EWHC 2301 (QB) In Lowin v W Portsmouth and Co Ltd [2016] EWHC 2301 (QB) the Queen’s Bench Division…
Percy v Anderson-Young This is a case whereby the Court held that an ATE Premium in the sum of £533,107.13 claimed on behalf of the…
Jackson v Barfoot Farms (unreported), Canterbury County Court The above unreported decision has come to light which highlights flaws in the changes to CPR 45.29…
Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872 In the recent case of Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872…
Intentions of the Parties Made Clear in the Assignment of a CFA, Rendering an Appeal Decision that the Transfer of the Retainer was Valid and…
Budana v Leeds Teaching Hospital NHS Trust and the Law Society (Intervener) [2017]EWHC Civ 1980 Background Since the abolition of success fees in LASPO, there…
Peterborough & Stamford Hospitals NHS Trust v McMenemy & Ors [2017] EWCA Civ 1941 Two appeals on the recoverability of ATE premiums in low value…
Freeborn & Anor v Marcal (t/a Dan Marcal Architects) [2017] EWHC 3046 (TCC) An account which details the claimant declaring a late budget to the opposition,…
Optical Express Ltd & Ors v Associated Newspapers Ltd [2017] EWHC 2707 (QB) (03 November 2017) An application to consider whether it was ‘unjust’ to…
The Governors and Company of the Bank of Ireland (1) and Bank of Ireland (UK) PLC (2) v Watts Group PLC [2017] EWHC 2472 (TCC)…
Sharp & Ors v Blank & Ors [2017] EWHC 141 (Ch) Practice Direction 3E – Cost Management, establishes that parties in Multi-Track claims valued at…
In the recent case of Richard Slade and Company Solicitors v Boodia & Anor [2017] EWHC 2699 (QB), Mrs Justice Slade considered an appeal by the Solicitors…
The case of Howlett v Davis was recently before the Court of Appeal following the Trial Judge, Deputy District Judge Taylor, finding the claim to…
7 November, 2017 Judgement for the long awaited appeal of BNM v MGN has been handed down in the last hour with a success for…
On April 6 2017, the Civil Procedure Rules were amended to introduce a sanction whereby failure of the Claimant to pay the Trial fee (or…
The recent case of Harrison v Eversheds LLP [2017] EWHC 2594 (QB) is an interesting one which emphasises the importance of cost estimates given by Solicitors to…
Ashman v Thomas [2016] EWHC 1810 (Ch) Clarifying when an interim payment on account of costs can be ordered by the court Interim payments on…
A regional costs judge has concluded that he was wrong to rule in a previous case that late acceptance of a Part 36 offer automatically…
Knibbs -v-Heart of England NHS Foundation Trust (23/6/2017) This was a significant clinical negligence claim against three Defendants, which was ultimately compromised in the sum of…
Lord Justice Jackson’s recommendations and proposals as we all know have had a widespread impact upon the legal industry. His further proposals, as part of…
A recent review of cases has shown that there was no unanimous judicial decision with regards to the approach of the Court when there is…
Clinical negligence cases can follow countless pathways before they settle. Unlike low value road traffic accidents or accident at work claims, the prospect of successfully…
The Public Guardian v Matrix Deputies Limited and London Borough of Enfield [2017] EWCOP 14 Where the substandard conduct of a Deputy results in a…
The recent case of Singh and others v Charity Commission and others [2017] EWHC 2183 (Ch) heard in the Chancery Division of the High Court gave further…
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…
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…
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…
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…
Mott & Ano –v- Long & Anor (2017) EWHC 2130 (TCC) This case has further examined the possibility of seeking relief from sanction in relation…
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…
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…
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…
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…
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…
The recent case of Jordan v MGN Ltd [2017] EWHC 1937 (Ch) is a case whereby the Claimant incurred a double penalty as a result…
Qualified One Way Costs Shifting (QOCS), one of the key changes brought about by the Jackson reforms generally means that in personal injury matters an…
The Court of Appeal has upheld a High Court ruling that consumers who had entered into solicitors’ conditional fee agreements in a community centre rather…
Back in February then Lord Chancellor, Elizabeth Truss, reduced the discount rate from 2.5% to 0.75%. This was the first change in the discount rate…
The Court of Appeal has overturned an earlier decision in the case of Howe v MIB [2017] EWCA Civ 932 and held that the Claimant…
Jagdish Lakhani (and another) v Ibrahim Sheikh Abdullah Mahmud [2017] EWHC 1713 (Ch) A Case which highlights how to conduct an Application for relief from…
A determination of unreasonable CFA terms and failure to provide a proper and accurate explanation of the same results in the agreement being set aside…
The rules are quite clear in respect of recovering costs as a litigant in person. CPR 46.5(2) says: ‘The costs allowed under this rule will…
The unresolved issue of whether indemnity costs should be awarded following late acceptance of a Part 36 offer where judgment has not been entered has…
Costs budgeting was first introduced on 1 April 2013. Ever since then practitioners have craved further guidance in its implementation and procedure as its principles…
In the news this week are reports that the Association of British Travel Agents (ABTA) is urging people to lobby their MP’s for costs reform…
One of the raft of measures proposed by the Jackson reforms was the relaxing on rules on contingent agreements, or rather Damages-Based Agreements (DBAs), in…
The Court held in Nadarajah Vilvarajah v West London Law Limited [2017] EWHC B23 (Costs) that the Conditional Fee Agreement entered into between the Claimant…
Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 A highly anticipated Judgment which confirms the principles established in Merrix v…
Shaw v Medtronic & Others [2017] EWHC 1397(QB) A case which shows the difficulty in overcoming QOCS when a claim is discontinued QOCS has been…
Master Logan Prescott v The Trustees of the Pencarrow 2012 Maintenance Fund A case which confirms the scope of the fixed costs regimes, closes a…
The Rules Committee have published details of the pilot scheme for the extension of fixed recoverable costs. What do we know? It has been a…
The question as to whether the Claimant can sue an unknown and unnamed driver where details of the vehicle owners insurance was available was recently…
The importance of correctly framing offers is highlighted in a recent personal injury matter involving faulty work equipment, dealt with by our Solicitor/Senior Costs Draftsman…
Bhandal v HM Revenue and Customs [2016] EWHC 3387 (Admin) Exploring the reasoning behind denying a party the opportunity to defer payment of costs. With…
In Socrates Training Limited –v- The Law Society of England and Wales [2017] CAT 12 the Competition Appeal Tribunal’s (CAT) have ruled that there were no grounds…
In theory the RTA protocol provides a straightforward process by which low value RTA claims can be resolved, including the payment of fixed costs. However,…
Emmanuel v The Commissioners for her Majesty’s Revenue and Customs [2017] WWHC 1253 (Ch) Exploring when an extension should be granted and in accordance with…
Dammermann v Lanyon Bowdler Solicitors [2017] EWCA Civ 269 A case which clarifies the circumstance required to establish that a party has acted unreasonably on…
A number of issues were considered by Lord Justice Patten in the Court of Appeal in the case of Gore v Naheed [2017] EWCA 369. This…
The RBS Rights Issue Litigation is a highly unusual and interesting case whereby the Claimant shareholders of the Royal Bank of Scotland are seeking to…
Asghar v Bhatti Queen’s Bench Division A surprising decision to allow updates to be made to a court fees only cost budget where a ‘significant…
Since the introduction of the portal for low value Employer’s Liability and Public Liability claims, Claimant Solicitors must take extra care when conducting and valuing…
In March 2017, a new Pre-Action Protocol for Debt Claims was published by the Ministry of Justice and will come into effect on 1 October 2017. The purpose…
JC and A Solicitors Limited v Iqbal and others [2017] EWCA Civ 355 A case which confirms what happens to Stage 1 Protocol payments when…
The County Court at Liverpool has recently refused permission to an insurer to recover costs on an indemnity basis where a GP Expert has agreed…
Robert Jeffreys v The Commissioner of the Police of the Metropolis Qualified One-way Cost Shifting (QOCS) was one of the foundations of the Jackson…
Findcharm Ltd v Churchill Group Ltd [2017] EWHC 1108 (TCC) “Some parties seem to treat cost budgeting as a form of game, in which they…
The year 2013 was tough for the personal injury sector. A number of changes took place in so far as costs were concerned: – Further…
In his 2016 Autumn Statement on 23 November 2016, Chancellor Philip Hammond announced a further 2% increase to Insurance Premium Tax (IPT) for policies incepted…
A case which clarifies the ‘special circumstance’ required for a Judge to go beyond the usual cost consequence of a solicitor/client detailed assessment Fee paying…
Recent Case Law supports that all reasonable offers need to be accepted to avoid costs sanctions There has recently been a review of the cases…
The new fixed costs regime was brought in over 3 years ago, the new regime captured claims with values up to £25,000.00 and claims which…
Jackson LJ is continuing his enquiries into extending the fixed costs regime and to this end he recently chaired a fixed recoverable costs seminar in…
A case concerning the circumstance when a costs order will be made against a director personally There are circumstance when the Court can exercise its…
A case in which costs were slashed as a result of poor conduct on the part of the receiving party during cost litigation. When I…
A case which sheds light on when litigation services are deemed to have commenced and the impact this has on retainers At the end of…
A case in which costs and ATE premium in a clinical negligence matter were considerably reduced as a result of proportionality We have considered proportionality…
A case in which agreed elements of a budget were not approved at the Cost Management Conference The purpose of cost budgeting is ultimately to…
The landmark decision in Merrix v Heart of England NHS Foundation Trust [2017] 346 (QB) (article here) will not be appealed for commercial reasons With the impact of Merrix being…
The ‘new’ fixed costs regime for EL/PL cases was introduced nearly three years ago and people are still understandably unsure as to the full extent…
A Key Decision Regarding the Assignment of Conditional Fee Agreements and the Recoverability of Post LASPO ‘Top Up’ Insurance Summary Heard before a full panel…
One of the Claimant friendly provisions of the Jackson reforms of 2013, QOCS, is retrospective save where CPR 44.17 applies. This reads: “This section does…
Michael Gosling v (1) Halio (2) Screwfix Direct [Claim No UD17868] Cambridge County Court, 29 April 2014 HHJ Moloney QC Qualified One Way Costs Shifting (QOCS),…
The application of QOCS is in theory straightforward. CPR 44.13 sets out the types of cases which are included, namely personal injury, claims brought under…
For many years this has been a bone of contention, with a large portion of Defendants and in particular the NHS, either failing to or…
Due to continued cuts in Civil Justice and the strict mandatory cost budgets in civil litigation, there is an increased risk of delay, poor decisions, and…
OPINION Looking into the fire, we’d rather just stay in the frying pan (thank you very much) When Lord Justice Jackson’s report is released in…
This has been an interesting decision to come out of the SCCO in the last week where a post-April 2013 Premium has been heavily reduced…
“Whole of split bill, less additional liabilities, subject to proportionality test, rules regional judge.” This case related to a Bill of Costs prepared on behalf…
Merrix v. Heart of England NHS Foundation Trust and its implications on YOUR cases 1.How do we approach quantum in light of the Merrix decision…
And you thought cost budgets were important last week… Summary The matter was first heard before District Judge Lumb sitting as a Regional Costs Judge…
In the recent case of ENRC v Dechert , the Claimant successfully argued that there were “special circumstances” which justified there being a Detailed Assessment…
Considering the cost consequence when a Claimant’s Part 36 offer is accepted out of time It is illuminating to consider the very first rule in…
Are there any changes to the existing rules? Currently CPR 3.18 remains the key rule to consider when preparing and serving a Bill of Costs…
A Background In accordance with CPR 3.18 and the ruling of Master Gordon-Saker in the landmark case of BP v Cardiff & Vale University Local Health…
Sharp v Leeds City Council [2017] EWCA Civ33 Confirming that the Costs of a Pre-Action Disclosure are limited by the fixed costs regime. Summary Sharp…
With Conflicting Authorities on how Proportionality is Assessed, how Should it be Dealt With? When the judgment in BNM v MGM was released, it established that contrary…
The nature of how law firms charge clients and make money is in flux. Many changes have already taken place and more are in the…
PLEASE SEE UPDATE OF THIS CASE HERE In a Post-Jackson World Only One Thing is Close to Certain: the Height of the Ceiling Background Of the…
Efficiency in the Fixed Costs Regime A reluctance to progress cases is an allegation historically levelled against Claimants and Defendants in almost equal measure. However…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Two years on since the introduction of Costs Management, MRN start off 2016 by looking at the latest Costs Budgeting guidance and tell you, in a…
With the Jackson reforms bringing fixed costs to RTA, EL & PL claims, a Commercial Court Judge stated that a tariff of recoverable costs would likely…
The issue of the extreme cost incurred as a result of Clinical Negligence claims has made several news articles over recent months. A notable article…
Damage based Agreements (DBAs), also known as Contingency Fee Agreements, were permitted to be used in contentious work from the 1 April 2013 following the…
Who would have thought that one piece of paper would cost so much to a firm of Solicitors? For a long time people have assigned…
As you may be aware, there has been long standing concern with regard to the time taken to bring commercial matters to trial. As a…
Keep an eye on your costs! Unfortunately, gone are the days when solicitors could simply focus their attention on best representing their client, without the…
The Court of Appeal’s decision of Cox v Woodlands Manor Home [2015] EWCA Civ 415 has highlighted the importance of compliance with consumer cancellation regulations and its…
The recent High Court Judgment of O’Brien V Shorrock & The MIB [2015] addresses the issue of the information which is required to be provided…
Liability for costs of Detailed Assessment proceedings where a settlement offer has been rejected and the outcome of Detailed Assessment is only marginally better than…
Definition of a Contested Trial The Claimant was involved in a Road Traffic Accident. The Second Defendant was driving the Claimant’s vehicle when it collided…
The definition of disease within the meaning of CPR s.45 This issue central to this claim is whether a Non-Freezing Cold Injury (NFCI) could be…
Relief from Sanctions This appeal was brought following three decisions handed down by Master Haworth on detailed assessment of the Claimant’s costs. The first decision…
CFAs and the cancellation of contract regulations This particular case concerned the Judgment on a preliminary point in Detailed Assessment proceedings, regarding The Cancellation of…
Overview by Vikki Weinrich-Cooke This case involved issues relating to a Claimant’s freedom to instruct a solicitor of his own choosing as provided for under…
This case is an early example of the Court’s approach to costs management and budgeting and indicates the approach the courts will take when considering…
BTE insurance is taken out before an actionable event has occurred in order to insure against the risk of future legal costs. It is often purchased…
WHAT IS IT? Essentially it is a device to civil litigation funding that bars a Defendant from recovering its costs from a Claimant who is…
Provisional Assessment of Costs has been on trial in a number of Courts for some time and is going to be extended under the new…
(updated 01/08/13) WHAT ARE THEY? The government put forward a proposal in November 2012 regarding the extension of the RTA Personal Injury scheme regarding fixed…
RTA/EL/PL Portals: The Road Traffic Accident Protocol applies to all claims for damages arising from a Road Traffic Accident (RTA); in the new version, the…
RTA/EL/PL Portals: The Road Traffic Accident Protocol applies to all claims for damages arising from a Road Traffic Accident (RTA); in the new version, the…
WHAT ARE THE CHANGES? PART 36: The changes apply where the Claimant obtains Judgment against the Defendant that is at least as advantageous to the Claimant…
What Is It? A Damages Based Agreement (DBA) is a private funding arrangement between a representative and a client whereby the representative’s agreed fee is…
Referral fees will be banned in personal injury cases by virtue of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Sections 56…
WHAT IS IT? CPR 27.1 (2) Old Limit: Value of the claim not more than £5,000.00 with personal injury not more than £1,000.00. New Limit:…
The Court of Appeal focused on applications for discovery as to funding arrangements made by the unsuccessful Claimants and the potential liability of solicitors for…
‘BUDGETS – ‘cost control not cost reduction’ The facts of this case are as follows; this action began on 20th February 2012 with the granting…
‘Alarm bells!!! –Just because costs are approved in the budget does not mean they are proportionate’ The case concerned a breach of contract claim that…
‘Get your budget right!’ In Murray & Anor v Dowlman Architecture, prior to the first CMC, the parties exchanged costs budgets. The judge; Mr…
A much anticipated Court of Appeal ruling has been made public today where it upheld a stringent judgment in a landmark case which establishes the…
The guideline hourly rates (GHR) should be increased by nearly a fifth if access to justice is going to be protected, the Association of Personal…
‘Trip Wires for The Unwary’ – When the No-Nonsense Approach to Relief from Sanctions may be Overlooked Background In this particular case, the Claimant and…
The committee reviewing the guideline hourly rates is set to issue a short call for evidence next month. HHJ David Hodge QC, the circuit judge…
Applications on time, Please !! Once again, another reminder of Mitchell. The background of this matter is as follows: The Claimant sued the Defendant in…
A Warning on Funding Enquiries and Hourly Rates – Get them right or suffer the Costs Consequences Background This was a case for personal injury…
‘Finally, a down to earth approach to compliance!’ The facts of Americhem Europe Ltd v Rakem Ltd are not of major relevance. The matter reached…
‘Is Proportionality still relevant?’ In Finglands Coachways Ltd v O’Hare, the Claimant was pursuing a £3m-plus claim for personal injury. However when the locus expert…
The case of Kellie v Wheatley & Lloyd Architects Ltd, a recent decision from the Technology and Construction Court, potentially increases the significance of obtaining…
Imagine you have been dealing with a sizeable matter for the last few years which has recently settled. As no doubt is always the case…
This case addresses the issue of the applicability and effect of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc.…