CPR 44.2(8) | Payments On Account In Costs Budgeted Cases

24/02/2021/in budgeting, Case Law /by Toby Moreton

Following judgment for the Defendant in this case, the court awarded costs on the standard basis along with pre judgment interest at 2% pursuant to CPR 44.2(6)(g). The Judge went on to consider an appropriate payment on account. In line with developing case law, in particular the decisions in MacInnes v Gross [2017] 4 WLR 49 and Thomas Pink Ltd. v Victoria’s Secret UK Ltd. [2014] EWHC 3258 (Ch) he awarded 90% of the budgeted costs as against 50% offered by the Claimant.

CPR 44.2(8) | Payments On Account Of Costs | Court Of Appeal Decision

13/11/2020/0 Comments/in Case Law /by Toby Moreton

This Court of Appeal decision emphasised Clarke LJ’s rejection in Excalibur Ventures LLC v Texas Keystone Inc. [2015] EWHC 566 (Comm) of the proposition that “the test for the sum to award was the “irreducible minimum””, and Leggatt LJ’s decision in Dana Gas v Dana Gas Sudek [2018] EWHC 332 (Comm) that “A logical approach is to start by estimating the amount of costs likely to be recovered on a detailed assessment and then to discount this figure by an appropriate margin to allow for error in the estimation.”

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

03/07/2020/0 Comments/in Case Law /by Toby Moreton

In this short judgment Mr Justice Cavanagh declined to make an issue-based costs order despite the claimant having been unsuccessful in two parts of his claim on the basis that the evidence which he had obtained and presented in support of these had not been wasted.

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

31/03/2020/0 Comments/in Case Law /by Toby Moreton

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

As a result, costs orders were made in both directions.

Summary assessment was considered inappropriate due both to the “difficult exercise in assessment” of the Defendant’s costs and the amount sought by the Claimant.

The Claimant therefore sought a payment on account under CPR 44.2(8).

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.

24/10/2019/0 Comments/in Case Law /by Toby Moreton

In November last year we reported on the case of Finnegan v Frank Spiers [2018] EWHC 3064 (Ch) in which Mr Justice Birss held that there is no jurisdiction to award a payment on account under CPR 44.2(8) in circumstances where a claim is settled by way of acceptance of a Part 36 Offer.

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

Applications for payments on account in long running clinical negligence matters: Don’t just ask.

21/10/2019/0 Comments/in Case Law /by Toby Moreton

Master Cook has endorsed the approach taken by HHJ Robinson in I v Hull & East Yorkshire Hospitals NHS Trust where overturned the refusal of DJ Batchelor to award the claimant in a long running clinical negligence matter a substantial payment on account of quantum costs.

Issues Based And Proportional Costs Orders: When Should They Be Made?

18/10/2019/0 Comments/in Case Law /by Toby Moreton

The Court was tasked with determining costs following a hard fought piece of commercial litigation in which the claimant was awarded US$5,388,312.08 of a US$63.5 million claim. Mrs Justice O’Farrell considered the various authorities and relevant principles to be applied when determining whether to make an issues based or proportional costs order before determining that the defendant should pay 85% of the claimant’s costs.

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

Part 36 And Interim Payments On Account of Costs

09/08/2019/0 Comments/in Case Law /by Toby Moreton

Following the decision of Birss J in J P Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers) [2018] EWHC 3064 (Ch) which we reported on last year, HHJ Rawlings has found that the court has no power to award a payment on account of costs in circumstances where the substantive action has settled by way of acceptance of a Part 36 Offer.

Payments on account in long running clinical negligence cases

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

03/07/2019/in Case Law /by Toby Moreton

We previously reported on the decision of HHJ Robinson on appeal in the County Court at Northampton where he overturned District Judge Batchelor’s refusal to allow a second interim payment in a long running clinical negligence matter where 90% liability had been admitted and it was agreed that determination of quantum would not be possible until 2022, commenting that “Failure to ensure adequate cash flow during the period of inevitable delay may lead to the perverse and undesirable consequence that solicitors are unwilling to take on case [sic] such as this at an early stage.”

The defendant has been refused permission to appeal this decision by the Court of Appeal.

STATI & ORS v THE REPUBLIC OF KAZAKHSTAN

Discontinuance, indemnity costs and payments on account

03/07/2019/0 Comments/in Case Law /by Toby Moreton

This was a decision of Jacobs J as to the entitlement of the defendant following discontinuance to an award of indemnity costs and a payment on account pursuance to CPR 44.2(8). The Court held that there was nothing “out of the norm” in the claimant’s conduct of the proceedings (in which they sought the enforcement of a Swedish arbitration award) up until a hearing of the defendant’s application to set aside in June 2017 when Robin Knowles J found that the defendant’s three original grounds of challenge were no longer maintainable, but that they had had established a prima facie case that the award was obtained by fraud.

CPR 44.2(8) | Payments On Account In Costs Budgeted Cases

CPR 44.2(8) | Payments On Account Of Costs | Court Of Appeal Decision

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

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

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.

Applications for payments on account in long running clinical negligence matters: Don’t just ask.

Issues Based And Proportional Costs Orders: When Should They Be Made?

Part 36 And Interim Payments On Account of Costs

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

Discontinuance, indemnity costs and payments on account

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