KINGS CHAMBERS COSTS GROUP WEBINAR ON BELSNER: 1st DECEMBER 2022
This webinar by Kings Chambers on the 1st December 2022 gives litigators a chance to consider the practical implications of the Belsner decision. THE PRESENTERS My colleagues Craig Ralph and Andrew Hogan will consider the significance of the Belsner and Karatysz cases,…
YOU SHOULD REALLY NOTICE WHEN YOU HAVE FAILED TO COMPLY WITH A COURT ORDER AND REQUIRE RELIEF FROM SANCTIONS: “THE COURT’S PATIENCE WAS BEING SORELY TESTED”
A short part of the judgment of Master Stevens in Bailey v Bijlani & Anor [2022] EWHC 2821 (KB) records the fact that the applicant defendant required relief from sanctions, but was not proposing to ask for it. “… I…
RELIEF FROM SANCTIONS REFUSED: TRIAL BUNDLES, LATE WITNESS STATEMENTS AND LATE DISCLOSURE: CASES NEED TO BE PREPARED PROPERLY
I am grateful to my colleague Eleanor Temple for sending me a copy of the decision of HHJ-Davis-White KC in the case of Ball -v- Ball (11th October 2022), a copy of the judgment is available here Ball v Ball…
COST BITES 36: THE POINT OF A PAYMENT ON ACCOUNT IS TO REIMBURSE THE SUCCESSFUL PARTY IMMEDIATELY
In Tulip Trading Ltd v Ver [2022] EWHC 2970 (Ch) Mrs Justice Falk considered the factors involved when making an interim payment on account of costs. “The point of a payment on account is to provide the successful party with…
PROBLEMS WITH EXPERTS- THE ISSUES ARE UNIVERSAL: AN EXAMPLE FROM THE IRISH COURTS: WEBINAR ON EXPERTS 14th DECEMBER 2022
When in September I planned the webinar Expert Evidence in the Courts in 2022 there had been a dozen or so cases relating to experts in litigation. Since then there have been half a dozen more. There is an example…
THE COURT CANNOT COMPEL A PARTY TO CALL A WITNESS: “PARTY AUTONOMY IS PARAMOUNT”
In QX v Secretary of State for the Home Department [2022] EWCA Civ 1541 (22 November 2022) the Court of Appeal held that the courts have no power to compel a party to call a witness. “The starting proposition must…
“THERE IS NO PORTAL FOR LOW VALUE PRODUCT LIABILITY CLAIMS”: FIXED COSTS DID NOT APPLY
I am grateful to Paul Balen for sending me a case report of a product liability case he was involved in. The judge found that a product liability case is not required to be lodged in the portal. This had…
EVIDENCE OF STATISTICS FROM DEFENDANTS’ SOLICITORS RELATING TO CLAIMS NOT EXCLUDED: HIGH COURT DECISION
The judgment of Mr Justice Freedman in Kerseviciene v Quadri & Anor [2022] EWHC 2951 (KB) is of considerable interest to anyone involved in litigation, particular personal injury litigation. The judge upheld a finding that a witness statement from the…
A PARTY CANNOT SIMPLY ADD A PENAL NOTICE TO A COURT ORDER: IF THE COURT DOESN’T ORDER IT THEN IT SHOULD NOT BE IN THE ORDER
In Taray Brokering Ltd, Re [2022] EWHC 2958 (Ch) HH Pearce held it was not open to a party to place a penal notice on a court order when the court itself had not placed such a notice on the…
HAVE THE DEFENDANTS’ SOLICITORS STATED THAT THEY WILL ACCEPT SERVICE? ANOTHER TRICKY CLAIM FORM ISSUE
In Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2022] EWHC 2887 (Comm) Mr Justice Picken considered an issue relating to valid service. A firm of solicitors, that stated it would accept service of proceedings, argued…
COST BITES 35: SOLICITOR AND OWN CLIENT SUCCESS FEES CONSIDERED IN DETAIL: 20% REDUCED TO 15% BY COSTS JUDGE
The judgment of Costs Judge Brown in MNO v HKC & Anor [2022] EWHC 2919 (SCCO) considers the question of an appropriate success fee between solicitor and client in a personal injury case. The judge did not accept the argument…
GRAB A BARGAIN, RAISE FUNDS FOR FOODBANKS AND LEARN ABOUT FORGOTTEN YORKSHIRE (& PARTS OF NORTH DERBYSHIRE AND HUMBERSIDE): BUT BE VERY QUICK
For a very short time the paperback book “Forgotten Yorkshire & Parts of North Derbyshire and Humberside” is on offer for 0.99 pence (reduced from £10.00). This has led the inimitable Tripe Marketing Board to make sure that profits from…
NOTICE OF APPEAL FILED IN TIME WHEN IT WAS ELECTRONICALLY FILED AFTER 4.30 pm: COURT OF APPEAL DECISION
In Microsoft Ireland Operations Ltd & Ors v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice) [2022] EWCA Civ 1509 the Court of Appeal upheld a finding that an appellant’s notice filed electronically after 4.30pm on the last date…
COST (MEGA) BITES 35: THE DETAILED ASSESSMENT THAT LASTED 104 DAYS : COSTS JUDGE REFUSES TO VARY EARLIER DECISION
In Deutsche Bank AG v Sebastian Holdings Inc. & Anor [2022] EWHC 2920 (SCCO) Senior Costs Judge Gordon-Saker gave a judgment which finalised a detailed assessment that had lasted 104 days. The judge found that, prior to the assessment concluding, …
WHEN SHOULD COSTS BE SUMMARILY ASSESSED OR SUBJECT TO DETAILED ASSESSMENT? HIGH COURT CONSIDERS THE ISSUES
In Brake & Anor v Guy & Ors (Costs) [2022] EWHC 2907 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered an argument that the costs of an application should be subject to detailed assessment rather than summarily…
THE “OLD” CONDITIONAL FEE SCHEME WAS IN BREACH OF ARTICLE 6:UNINSURED DEFENDANTS NOT SENT TO COVENTRY
Amidst the bustle of recent cases about costs the European Court of Human Rights decision in Coventry v. the United Kingdom – 6016/16 may well be overlooked. The Court found that the “old” system of conditional fee litigation, whereby a defendant was…
ANALYSIS OF BELSNER 5: WANT TO SEE THE FINAL COURT OF APPEAL ORDER?
The previous post on Belsner indicated that a final order had been made by the Court of Appeal. That order can be seen here BelsnerSEALED ORDER (1) and the text is reproduced below. The interesting aspect of the order is,…
ANALYSIS OF BELSNER 4: FAIR COSTS AND LEGAL FICTION : PLUS A USEFUL WEBINAR
The latest development in Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 is that the unsuccessful claimant has been ordered to pay £130,000 on account of costs and repay £25,000 that was previously paid to her. However, here I…
ESCAPING FIXED COSTS WEBINAR: IF YOU MISSED IT LIVE YOU CAN SEE IT HERE
I put details of this webinar up in early November. Unfortunately the event reached capacity and some people were not able to view it. However it was recorded and it is now available online here. THE WEBINAR Fixed costs…
CIVIL PROCEDURE BACK TO BASICS 94: CLAIMANTS – DO NOT SHOW APPROVAL ADVICES TO THE DEFENDANT
An issue I have seen periodically, but twice this week, is a belief by some claimant solicitors that an advice obtained for the purpose of approval of a civil action for a protected party has to be shown to the…
DEFENDANT GRANTED SUMMARY JUDGMENT ON A SINGLE EVIDENTIAL ISSUE: CPR 24.2 CAN BE USED IN THIS CONTEXT
In Holdgate v Bishop [2022] EWHC 2850 (KB) Master Thornett granted the defendant’s application for summary judgement on a specific issue. The Master granted the defendant judgment on the issue of whether the claimant had instructed solicitors to sell land…
DEFENDANT SOLICITOR IN COSTS ASSESSMENT NEED NOT RESPOND TO PART 18 REQUESTS ABOUT PREMIUMS: “THE GENERAL QUESTIONS POSED ARE A PARADIGM EXAMPLE OF A FISHING EXPEDITION”
I am grateful to Nick McDonell from Kain Knight for sending me a copy of the judgment of Costs Judge Rowley in Brown -v- JMW Solicitors LLP [2022] 2848 (SCCO). In that case the judge refused to make an order…
CONSEQUENTIAL ISSUES AFTER JUDGMENT IS HANDED DOWN: NO TIME TO START ACTING UP
The judgment of Mr Justice Foxton in Royal & Sun Alliance Insurance Ltd & Ors v Tughans (a firm) [2022] EWHC 2825 (Comm) shows considerable concern about the way in which parties are attempting to deal with issues following the…
PROVING THINGS 242: A SOLICITOR’S SHORTHAND NOTE OF WHAT HAPPENED IN THE MAGISTRATES’ COURT IS NOT GOING TO CARRY ANY WEIGHT AT ALL
The judgment of Mr Justice Garnham in Correia v Williams [2022] EWHC 2824 (KB), was looked at yesterday on this blog. The judgment also contains an interesting approach to civil evidence at trial. The claimant’s solicitor prepared a witness statement annexing her…
APPEAL COURT UPHOLDS TRIAL JUDGE’S DECISION TO REFUSE TO ADMIT WITNESS STATEMENT OF FOREIGN LANGUAGE SPEAKER THAT HAD NOT BEEN DRAFTED IN ACCORDANCE WITH THE RULES
I am grateful to barrister Jake Rowley for drawing my attention to the judgment of Mr Justice Garnham in Correia v Williams [2022] EWHC 2824 (KB). Mr Justice Garnham refused an appeal when a judge had held that a witness…
COURT UPHOLDS TRIAL JUDGE’S DECISION NOT TO ALLOW A WITNESS TO GIVE “SUPPLEMENTARY EVIDENCE”: THE WITNESS STATEMENT IS USUALLY THE START AND FINISH OF EVIDENCE IN CHIEF
The judgment of Mrs Justice Heather Williams in Lydford v Skinner [2021] EWHC 3783 (QB) could well appear in the “Proving Things” series. A claimant’s action for damages for personal injury failed because he failed to establish that an occupier was…
I’M PICKING UP BAD CITATIONS: USE LAW REPORTS – DON’T SURF THE NET
There is a short postscript to the judgment of Paul Bowen KC (sitting as a Deputy High Court Judge) in YR, R (On the Application Of) v London Borough of Lambeth [2022] EWHC 2813 (Admin), which is of general importance….
COST BITES 34: INTERLOCUTORY COSTS ORDERS CAN BE MADE AGAINST PARTIES WITH THE PROTECTION OF QOCS (IT IS ENFORCEMENT THAT MAY BE AN ISSUE)
In Atmani & Ors v Royal Borough of Kensington & Chelsea & Ors [2022] EWHC 2618 (KB) Senior Master Fontaine considered the costs consequences of the decisions made in her judgment, considered in an earlier post. The Master held that…
JUDGMENT ON ADMISSIONS ONLY AVAILABLE WHERE LIABILITY TO PAY DAMAGES IS ADMITTED: INTERIM COSTS ORDERS REQUIRE SCHEDULES TO BE AT COURT: LESSONS FROM THE GRENFELL LITIGATION
In Abdel-Kader & Ors v Royal Borough of Kensington and Chelsea & Ors [2022] EWHC 2006 (QB)Senior Master Fontaine considered the basis for applying for judgment and interim costs. The claimants had not identified the basis upon which judgment was…
COST BITES 33: BUDGETS: PROPORTIONALITY, COUNSEL’S FEES (“STRATOSPHERIC”, OR “ASPIRATIONAL”) THE COST OF EXPERTS AND THE COSTS OF TRIAL
There is a detailed exposition of the principles relating to costs budgeting in the judgment of Mrs Justice Joanna Smith in Various Sam Borrowers v BOS (Shared Appreciation Mortgages) No. 1 Plc & Ors [2022] EWHC 2594 (Ch). The judgment…
COST BITES 32 : NON-PARTY COSTS ORDERS AGAINST DIRECTORS: A WORKING EXAMPLE
In OCM Maritime Nile Llc & Anor v Courage Shipping Co & Ors [2022] EWHC 2696 (Comm) Sir Andrew Smith considered, and applied, the principles relating to non-party costs orders against directors. “I infer that the defence of the claims…
LAWYERS SHOULD NOT BE RUDE TO COURT STAFF (INDEED, NOT RUDE TO ANYONE): A WORRYING REPORT
The Oxford Mail carries a story on the 4th November which is highly disturbing. The headline says it all “Judge adjourns case for a week after reports of ‘barristers abusing court staff'” This, if established, is appalling behaviour. Rude, abhorrent…
COST BITES 31: ASKING THE JUDGE TO DETERMINE COSTS WHEN THE PARTIES HAVE SETTLED ISSUES: YOU MAY NOT GET WHAT YOU WANT…
In Bilta (UK) Ltd & Ors v SVS Securities PLC & Ors (Consequential Matters) [2022] EWHC 1431 (Ch) Mr Justice Marcus Smith considered the issues that arise when the parties have settled a large number of issues in an action,…
PROVING THINGS 241: “IT IS EXTRAORDINARY HOW MUCH OF THE CASE WAS BEING ‘PATCHED UP’ AS THE TRIAL WENT ALONG”
The judgment of HHJ Luba KC in Ibrahim v London Borough Of Haringey & Anor [2022] EW Misc 9 (CC) shows a surprising approach to evidence on the part of the both sides. “Given the nominal value of the claim,…
COST BITES 30: OTHER PEOPLE’S BUDGETS: NONE OF THESE BUDGETS IS UNREASONABLE OR DISPROPORTIONATE
It is always interesting to look at the figures involved in relation to costs budgeting. We can see an example in the decision of Mr Roger Ter Haar KC in University of Manchester v John McAslan & Partners Ltd &…
COST BITES 29: THE PRINCIPLES OF BUDGETING CONSIDERING AND APPLIED: 15% REDUCTION TO BUDGET
In Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) Mr Roger Ter Haar KC considered principles relating to the budgeting process. He reduced a budget by 15% across the board. “In my judgment, the…
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