LEGAL COSTS BLOG

Welcome to our legal costs blog. Here you will find all the latest developments in the field of legal costs with summaries of and key takeaways from all the important cases. We hope you find it interesting and informative.

Higher Level Of Security For Costs Based Upon A Potential Award Of Indemnity Costs Declined

The defendants in this anti-competition and breach of contract case sought security for costs against the claimant. The claimant agreed ...

The Cap On Recoverable Costs Of Costs Budgeting And Other Interesting Points

Master Gordon-Saker determined three issues which arose in the course of a detailed assessment, namely: i) whether the caps on ...

Genuine attempt to settle the proceedings

CPR 36.17(4) | Claimant’s Part 36 Offer Which Amounted To 99.7% Of The Claim Was A Genuine Attempt To Settle

In this case Mr Justice Zacaroli determined that the Claimant's Part 36 Offer to settle its claim in the sum ...

Issue Based Costs Orders, CPR 36.17(4) And Payments On Account Under CPR 44.2(8)

In this short judgment Mr Justice Cavanagh declined to make an issue-based costs order despite the claimant having been unsuccessful ...

Interim Statute Bills And Special Circumstances Under s70(3) Solicitors Act 1974

Master Gordon-Saker determined in this case that the solicitors' retainer letter did not entitle them to render interim statute bills ...

Narayanasamy v Karim & Anor [2020] EWHC B22

The Limitation Act 1980 And Recovery Of Unpaid Solicitors’ Fees

When does the six year limitation period begin to run for the purpose of recovering unpaid fees? Applying principles established ...

Set-Off Of Costs Against Damages Or Costs | The Principles

The defendant was awarded 50% of its costs and sought to set these off against the award of damages. In ...

MEF v St George's Healthcare NHS Trust [2020] EWHC 1300 (QB)

Does A Calderbank Offer Expire At The Door Of The Court?

In the course of costs negotiations following settlement of liability in this clinical negligence claim the Defendant made a number ...

CPR 3.18(b) | Underspend Does Not Constitute Good Reason To Depart From An Approved Budget

Master Brown (costs judge) has joined the debate about the effect of an underspend in a costs budgeted case. “I ...

HEATHFIELD INTERNATIONAL LLC V AXIOM STONE (LONDON) LTD

CPR 3.14 | Late Costs Budget | Relief From Sanctions Denied

Relief from sanctions was refused to the second Defendant ("D2") in this case following the late filing of its costs ...

Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB)

Solicitors Act 1974 | Part Payments, Delay And Special Circumstances

This was an appeal from a decision of Master Nagalingam in which he found that a bill rendered by the ...

Morrow v Shrewsbury Rugby Union Football Club Ltd

Exaggeration and CPR 44.2(5)(d) | I’ve Told You A Million Times

Having made findings at trial that the claimant had exaggerated his personal injury claim, specifically in respect of loss of ...

Nosworthy v Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust

Pre Judgment Interest On Costs Under CPR 44.2(6)(g) | A General Rule?

Master Brown (costs judge) declined to award pre judgment interest on the cost of a loan which the Claimant had ...

Fuseon Ltd, R (On the Application Of) v Shinners

Inter Fee Earner Discussions | Are They Recoverable?

The topic of inter fee earner discussions arises in most detailed assessments. Many paying parties argue that they are not ...

XDE V NORTH MIDDLESEX UNIVERSITY HOSPITAL NHS TRUST

Court Of Appeal Upholds Decision To Disallow £1m Additional Liabilities Following Funding Switch

The Court of Appeal has upheld the decision of both Master Rowley (costs judge) and Jay J on appeal to ...

The Power To Set Off Costs Against Costs In A QOCS Case

In November last year the Court of Appeal decided that fixed costs continued to apply in a case which started ...

BXB v (1) WATCH TOWER & BIBLE TRACT SOCIETY OF PENNSYLVANNIA

Failure To Engage In ADR And Indemnity Costs, Again

Another decision on indemnity costs arising from a failure to mediate ...

Two Way Costs Orders And CPR 44.2(8) | Payments On Account

The Defendant succeeded in striking out parts of the claim against it but failed in two other applications. As a ...

DSN v Blackpool Football Club Ltd (Rev 1) [2020] EWHC 670 (QB)

Another Failure To Mediate And An Award Of Indemnity Costs

Having beaten his own offer at trial the Claimant was awarded indemnity costs under CPR 36.17(4)(b) from 21 days after ...

PARVEEN, R (ON THE APPLICATION OF) V LONDON BOROUGH OF REDBRIDGE

Costs In Withdrawn Judicial Review Claims

This Court of Appeal decision examined the guidance in M v Croydon London Borough Council [2012] EWCA Civ 595 concerning ...

Elan-Cane, R (on the application of) v The Secretary of State for the Home Department & Anor

Costs Capping Orders And The Court’s Discretion As To Costs In Public Interest Judicial Review Proceedings

Prior to commencement of these public interest judicial review proceedings the parties had agreed that they recoverable costs on each ...

CPR 3.18(b) | Is Underspend Good Reason To Depart?

In March last year we reported on the decision in Salmon v Barts Health NHS Trust [2019] wherein HHJ Dight ...

KENT, R (ON THE APPLICATION OF) V TEESSIDE MAGISTRATES COURT

Aarhus Convention Claims, Interested Parties And The Cost Of Legal Research

In this short judgment following a determination by the court that the Aarhus Convention applied to the claim Mr Justice ...

Protective Costs Orders | The Principles

The appellant in this appeal was denied a Protective Costs Order (PCO) on grounds that despite the outcome being of ...

Points Of Dispute In Solicitor And Client Assessments: The Court Of Appeal Speaks

The Court of Appeal has upheld the decision of both Master Gordon-Saker (at first instance) and HHJ Klein (on appeal) ...

FAULKNER V SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY

QOCS: Setting Off Costs Against Costs

The court exercised its discretion against allowing a defendant to set off 'costs against costs' in a case where it ...

Lejonvarn v Burgess & Anor [2020] EWCA Civ 114

Speculative Claims, Indemnity Costs And The Effect Of An Approved Costs Budget

Following the dismissal of all claims by the High Court in this construction dispute, and an award of costs on ...

Manchester Shipping Ltd v Balfour Shipping Ltd & Anor

Relief Granted Following Late Filing Of A Costs Budget

Lionel Persey QC sitting as a Deputy Judge of the High Court granted the Defendants relief from sanctions following the ...

Is The Failure To Obtain A Fee Remission A Bar To Inter Partes Recovery?

A challenge we are seeing increasingly often goes along the lines of: "if the receiving party could have, but did ...

Court of Appeal: Fixed Costs Do Not Apply To Appeals But QOCS Does

The Court of Appeal determined the following costs issues following a successful second appeal: (1) Do the rules governing fixed ...

Costs In Private Prosecutions, London Solicitors And The “Singh” Discount

Following a successful private prosecution of his former co-director, resulting in three years of imprisonment, the claimant was awarded payment ...

ANTHONY V COLLINS [2020] EWHC B14 (COSTS)

Know Your Retainer Documentation Or Pay The Price

This case highlightds the importance of familiarising yourself fully with the retainer documentation under which you are acting. In the ...

How Relevant Is The SCCO Guide To Hourly Rates?

The SCCO Guide To Hourly Rates was last updated in 2010. In 2014 it was reviewed by the then Master ...

An Interest Exclusive Part 36 Offer Is Not A Part 36 Offer

Can a Part 36 Offer which excludes interest be validly made either generally or in the context of detailed assessment ...

The Scope Of An Appeal From Provisional Assessment

Dismissing this appeal against a decision of Master Leonard in the SCCO Mr Justice Stewart held that pursuant to CPR ...

The EL/PL Protocol And The Meaning Of ‘Vulnerable Adult’ In Para 4.3(8)

An employers liability claim which settled outside the EL/PL Protocol for £15,000 was not restricted to the fixed costs that ...

CPR 38.6: Discontinuance And Costs – The Legal Principles

This "long-running and ill-tempered dispute" between directors and shareholders of a residents association ended in September 2019 when the claimant ...

Indemnity Costs And The High Risk Of Pursuing A Weak Case

Mr Justice Teare determined an application for indemnity costs following the dismissal of the second claimant bank's US$77 million claim ...

CPR 36.17(4): Another Case Of Just Consequences

There have been a number of cases recently dealing with the consequences under CPR 36.17(4) of a claimant beating its ...

CFA Is A Contentious Business Agreement, High Court Rules

The Law Society's Model Form CFA contains a specific clause providing that "The parties acknowledge and agree that this agreement ...

CPR 36.17 And The Just Rewards Of A Good Part 36 Offer

Mr Justice O'Farrell rounded up the authorities on CPR 36.17 and found that a Claimant who had beaten its own ...

Contractual Interpretation Of Individual CFAs In A Multi Party Action

In a short judgment on costs following conclusion of the Iraqi Civilian Litigation The Hon. Mr Justice Turner was tasked ...

Part 36 Acceptance And Conventional (Assessed) vs Fixed Recoverable Costs

Overturning a first appeal decision of His Honour Judge Wulwik in the High Court, Lord Justice Newey determined that acceptance ...

CPR 46.9(3): Informed Consent In Solicitors Act Detailed Assessments

Master Victoria McCloud (sitting as a Deputy Costs Judge in the SCCO) determined preliminary issues in the course of a ...

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 ...

RASHID V OIL COMPANIES INTERNATIONAL MARINE FORUM [2019] EWHC 2600 (QB)

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 ...

GLOBAL ASSETS ADVISORY SERVICES LTD & ANOR V GRANDLANE DEVELOPMENTS LTD & ORS [2019] EWCA CIV 1764

Can the court order a payment on account under CPR 44.2(8) following acceptance of a Part 36 Offer? Court of Appeal says yes.

In November last year we reported on the case of Finnegan v Frank Spiers [2018] EWHC 3064 (Ch) in which ...

RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB)

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