About Toby Moreton
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Entries by Toby Moreton
Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision
Costs Lawyers have earned their long awaited right to litigate, says Sue Nash…
Master of the Rolls’ decision and Committee’s report on Guideline Hourly Rates
A Costs Officer conducting a detailed assessment on a standard basis was not precluded from considering whether the claimants’ costs should be limited to those recoverable under stages 1 and 2 of the Pre-Action RTA Protocol where there was a consent order in which the defendant agreed to pay the claimants reasonable costs.
Costs that are disallowed for want of retainer should not factor in the calculation of the one fifth rule.
HHJ Simon Brown QC, the pioneer of costs budgeting, has given instant reward for keeping within a court approved budget, with a summary assessment of costs in the sum of £351,000 payable within 14 days.
The High Court rejected a bid by a successful defendant to nearly double its approved costs budget of almost £270k after trial.
It was appropriate to follow the principle in Lockley v National Blood Transfusion Service (1992) 1 WLR 492 and set off a costs order made against a publicly-funded claimant against costs and damages recoverable elsewhere in the action. That was so even though the financial burden on the Legal Services Commission would be less if a Lockley order was not made; the Commission had decided to fund the action and the successful defendant was entitled to enforce the costs order in its favour.
Under the terms of a Tomlin order which provided that one of three Defendants was only to pay the Claimant’s costs which related exclusively to the action against it, and not those incurred by the Dlaimant in respect of the dispute with the other two Defendants, that Defendant was liable for any common costs which could be attributed to it by division, rather than apportionment.