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.

Issues based and proportional costs orders: when should they be made?

The Court was tasked with determining costs following a hard fought piece of commercial litigation in which the claimant was ...

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 ...

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 ...

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 ...

Derrick Yirenki v Ministry of Defence [2019] EWHC 1955 (QB)

Part 36 And Interim Payments On Account of Costs

Following the decision of Birss J in J P Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers) [2018] EWHC 3064 ...

Without Prejudice Offer: Admission Denied

Following our recent report on the case of Hossaini v EDS Recruitment Ltd in which the Employment Tribunal had wrongly ...

BLYTH & ANOR V NELSONS SOLICITORS LTD [2019] EWHC 2063 (QB)

Oral Contracts And An Appellate Court’s Approach To Findings Of Fact

The appellants in this case are former clients of the respondent firm of solicitors. They alleged that in the course ...

FULLICK & ORS v THE COMMISSIONER OF POLICE FOR THE METROPOLIS [2019] EWHC 1941 (QB)

Recoverability Of Inquest Costs And Proportionality

This was the first appeal in which the recoverability of inquest costs in civil claims has fallen to be considered ...

CPR 52.18: Applications To Set Aside Permission Or To Impose Conditions Refused

We reported recently on HHJ Klein's dismissal of the appeal in this Solicitors Act dispute between Stewarts Law ("the Respondent") ...

TIMOKHINA v TIMOKHIN [2019] EWCA CIV 1284

Silence And Indemnity Costs In Family Proceedings

This was an appeal by the mother in Children Act proceedings against an order that she do pay £109,394 in ...

West and Demouilpied: ATE Premiums, Reasonableness And Proportionality

The long awaited and much anticipated judgment in these appeals has been handed down. The appeals raised a number of ...

Admissibility (or not) of without prejudice offers on costs

The Employment Tribunal was wrong to consider 'without prejudice' correspondence in its determination of costs following dismissal of a discrimination ...

Fouladi v Darout Ltd & Ors [2019] EWHC 1674 (Ch)

Bullock order upheld on appeal

Mr Justice Henry Carr dismissed an appeal against the making of a Bullock order against three of four defendants to ...

Payments on account in long running clinical negligence cases

Court of Appeal defends interim costs payments in long running clinical negligence matters

We previously reported on the decision of HHJ Robinson on appeal in the County Court at Northampton where he overturned ...

STATI & ORS v THE REPUBLIC OF KAZAKHSTAN

Discontinuance, indemnity costs and payments on account

This was a decision of Jacobs J as to the entitlement of the defendant following discontinuance to an award of ...

JLE v Warrington & Halton Hospitals NHS Trust Foundation Trust [2019] EWHC 1582 (QB)

High Court restores Claimant‘s ’additional amount’ under CPR 36.17(4)

This was an appeal against the decision of Master McCloud not to award the claimant a 10% ‘additional amount’ under ...

HORNE v PRESCOT (NO.1) LTD [2019] EWHC 1322 (QB)

Interest exclusive Part 36 Offers in detailed assessment proceedings

Disagreeing with Judge Robert Owen QC in Potter v Sally Montague (Nottingham CC), HHJ Nicol found that a Part 36 ...

MXX V UNITED LINCOLNSHIRE NHS TRUST [2018] EWHC B23

Costs budgeting and hourly rates: another case of miscertification

This was a decision regarding alleged mis-certification of a costs budget. The case bore similarities to the facts in Tucker ...

Knight & Anor v Knight & Ors (Costs) [2019] EWHC 1545 (Ch)

A costs-inclusive “Part 36 Offer” is NOT a Part 36 Offer

This was another in a line of cases which confirms that a Part 36 Offer cannot contain any provision as ...

Seekings & Ors v Moores & Ors [2019] EWHC 1476 (Comm)

Defendant fails to demonstrate significant developments under PD3E s7.6 to secure budget increase

The was an application by the defendant in a business dispute to upwardly revise his costs budget under PD3E s7.6 ...

HAMMOND V SIG PLC & SUBSIDIARY COMPANIE [2019] EWHC B7 (COSTS)

Fixed costs under Section III of CPR 45: is there any escape?

This was the latest in a series of unsuccessful attempts to escape fixed costs as governed by Section IIIA of ...

XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB)

Switch to Pre LASPO CFA following discharge of funding certificate deemed unreasonable

Applying the principles laid down in Surrey v Barnet And Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451 Mr ...

East Sussex Fire And Rescue Service v Austin [2019] EWHC 1455 (QB)

Proportionality: money isn’t everything

In April 2013 the "old" proportionality test in the then CPR 44.4(2) was replaced by the "new" proportionality test in ...

AINSWORTH v STEWARTS LAW [2019] EWCA Civ 897

Points of dispute in solicitor and client assessments: it’s in the detail

This was an appeal from a decision of Master Gordon-Saker made in the course of detailed assessment proceedings brought under ...

Bates & Ors v Post Office Ltd [2019] EWHC 1373 (QB)

Group litigation: a determination of costs related to common issues

This was a costs decision following determination of 23 common issues between the parties in group litigation between several hundred ...

Proportionality: a view from the High Court

It's been six years since the introduction of the "new" proportionality rule in CPR 44.3(5). In that time there have ...

10% ‘additional amount’ denied following successful Part 36 Offer on hourly rates

This was a decision of Deputy Master Friston (author of Friston on Costs) in the Senior Courts Costs Office. Having ...

HOWARD KENNEDY LLP v SPARTAFIELD LIMITED [2019] EWHC 1218 (Ch)

The relevance of costs estimates where no reliance is shown

Another important reminder of the importance of giving your client the best costs information possible throughout the life of your ...

Mussell & Anor v Patience & Anor [2019] EWHC 1231 (Ch)

A short judgment looking at trust and estate costs principles

Following proceedings for an account by the claimants as executors of what they had done with the deceased's estate HJJ ...

INVISTA v BOTES AND OTHERS [2019] EWHC 1086 (Ch)

CPR 36.17(4) and the sometimes ‘unjust’ consequences of Part 36

In this rare costs decision following a breach of confidence claim from their ex-employers, a multinational corporation, the defendants successfully ...

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