Entries by Toby Moreton

Costs Of Attending Rehabilitation Case Management Meetings Not Inherently Irrecoverable | CA Decision

“…for the reasons we have given, we allow the appeal. But the only real consequence is that the defendant can take all the reasonableness/proportionality arguments that they always wanted to take at the assessment stage. Those are arguments for which, as we have said, we have sympathy. In all those circumstances, we would urge the parties to agree a realistic order as to the costs of this appeal.”

Court Rejects Admissability Of Costs Lawyers’ Report In Common Law Assessment

In Laytons LLP v Savage & Ors [2024] EWHC 512 (SCCO), a law firm brought a Part 7 claim against former clients for unpaid fees. The clients had failed to pursue a statutory assessment, resulting in a limited common law assessment. The court dismissed the clients’ application to rely on a costs lawyer report, finding it went beyond the scope of the ordered assessment. The court also refused the clients’ request for disclosure of files relating to earlier paid invoices, satisfied that the necessary information was already provided in the itemised bills and breakdowns. The judgment illustrates the court’s approach to evidence and disclosure in common law assessments where the scope has been limited due to a party’s failure to pursue a statutory assessment.

Costs Budget Comparison Not Intrinsically Irrelevant

In Woolley v Ministry of Justice, the claimant brought a personal injury claim against the Ministry of Justice following an assault he suffered while a remand prisoner. At a CCMC HHJ Baucher significantly reduced the claimant’s  costs budget. The claimant argued that the judge had erred in law by refusing to consider the defendant’s agreed costs budget when assessing proportionality of his own. He also submitted the approved budget left him with much lower funding than the defendant, failing to keep the parties on an equal footing. The Ministry of Justice contended that comparisons between budgets were of limited relevance. It was for the judge to assess proportionality of the claimant’s budget, which she had done. The High Court allowed the claimant’s appeal, finding that the judge had disregarded a relevant consideration in refusing to hear submissions based on the defendant’s budget. Her language when addressing claimant’s counsel was also criticised and termed “indefensible”.

CPR 38 | Discontinuance | Default Rule Disapplied

Trustees who unreasonably fail to provide pre-action trust documentation requested by a beneficiary can face adverse costs orders if proceedings are issued, even if later discontinued. The judgement confirms that historic incapacity which impacted ability to engage with requests will not prevent such orders without evidence it existed at that time. Here, the defendants were ordered to pay the majority of the claimant beneficiary’s costs despite arguing their incapacity meant they could not respond pre-action.

Costs Of Obtaining Letters Of Administration

In some cases, obtaining a Grant of Representation may be essential solely for pursuing the claim. Consequently, in successful outcomes, the costs incurred for obtaining this Grant could potentially be claimed as part of the overall costs related to the case. This perspective emphasises the practical intertwining of procedural necessities with the substantive rights of claimants in personal injury litigation.

Issuing Proceedings Without Letters Of Administration

In English law, a person must have standing to initiate legal proceedings, specifically as an administrator. This standing is obtained through the issuance of letters of administration. If proceedings are commenced without this grant, they are considered a nullity. This principle applies to cases involving the administration of foreign estates, where proceedings without proper representation are deemed invalid.

Impact Of Counsel Involvment On Hourly Rates

When solicitors possess and demonstrate the necessary skill, effort, and specialized knowledge in a case, their hourly rates should not be reduced merely because counsel is also involved. The court should evaluate if there was an excessive involvement of counsel, which could influence the division of charges between solicitors and counsel, but this does not automatically justify a reduction in the solicitors’ hourly rates.