On appeal against decisions made in the course of a detailed assessment in the Senior Courts Costs Office Mrs Justice Yip found (amongst other things) that the Deputy Master had been wrong to go behind the strict wording of the order for costs in order to give effect to what she believed the maker of the order had intended, rather than to what it actually said.
Master McCloud exercised her discretion and declined to award the claimant a 10% ‘additional amount’ under CPR 36.17(4) on grounds that it would be disproportionate and unjust to do so where the claimant had beaten its own offer by just £7,000 on a bill assessed at £431,813.05.
Master Leonard considers the extent to which a receiving party can recover the costs of attending an inquest in circumstances where an admission of liability is made prior to it taking place.
The High Court determined that costs budgets of £1.5m in respect of a claim with a potential value of £80-120,000 were disproportionate, notwithstanding the wider issues involved.
On a detailed assessment of costs a reduction in hourly rates of the incurred costs is not a ‘good reason’ to depart from the budget in respect of the budgeted (future) costs.
Celebrity litigants Brian May and Anita Dobson win significant recoverable costs uplift as circuit judge questions Master Rowley’s proportionality decision.
Costs Judge, Master Simons, has slashed a Bill of Costs from £72,320 to £24,600 in a clinical negligence case which settled for £3,250. The reductions were made at provisional assessment and, aside from some minor increases, were maintained at an oral hearing.