Aldred v Cham [2019] EWCA Civ 1780

Court of Appeal gets tough on exceptions to fixed costs: Counsel’s fees and CPR 45.29I(2)(h)

In this landmark decision the Court of Appeal took a trawl through the relevant provisions of the fixed costs regime in CPR 45 in order to determine whether and in what circumstances Counsel’s fee for an advice on settlement might be recoverable in addition to the fixed recoverable costs provided for under CPR 45.29C and Table 6B.


Judge declines to find exaggeration upon costs determination

In a short judgment following trial at which the claimant was awarded damages of £126,841 against a claim for £1.5 million Mr Justice Martin Spencer rejected calls from the defendant to disallow a proportion of the claimant’s costs on the basis that the claim was exaggerated, unsupported by the evidence and unsustainable.

Exceptions to Qualified One Way Costs Shifting (QOCS)

Mixed Claims and CPR 44.16(2)(b): Exceptions to Qualified One Way Costs Shifting (QOCS)

The Court of Appeal has considered the correct approach to QOCS in “mixed” cases involving personal injury and non personal injury claims. Affirming the approaches taken in Jeffreys v Commissioner of the Metropolis [2017] EWHC 1505 (QB) and Siddiqui v The Chancellor, Masters and Scholars of the University of Oxford [2018] EWHC 536 (QB) and upholding the decision of Mrs Justice Whipple DBE in The Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) Lord Justice Coulson rejected arguments that in order for the exception to QOCS at CPR 44.16(2)(b) to apply the personal injury claim and the non-personal injury claim must be “divisible”.

Fundamental dishonesty found on appeal by reason of material non disclosure

On a cross appeal arising out of this failed RTA claim Mr Justice Julian Knowles overturned the trial judge’s finding that the claimant had not been fundamentally dishonest in his claim against the defendant. Thus, it followed, QOCS was disapplied and the defendant became entitled to enforce the order for costs in its favour to its full extent.


Counsel’s fee recoverable as a disbursement under the provisions of Section IIIA in CPR 45

On this appeal from Costs Officer Martin in the Senior Courts Costs Office, the Defendant contended that the Claimant had no entitlement to payment of Counsel’s fee for an advice.

MR v Commissioner of Police for the Metropolis [2019] EWHC 1970

High Court upholds a Claimant’s Part 36 Offer for nil damages in an action against the police

Allowing an appeal from a decision of HHJ Baucher in the Central London County Court Mrs Justice McGowan found than an offer to accept “nil pounds with an admission of liability plus reasonable costs, to be assessed if not agreed” made by a claimant in the course of an action against the police for false imprisonment and assault was a “significant concession” and therefore a genuine Part 36 offer.