THE NEW RULES ON QOCS FROM APRIL 6th: OMNIBUS EDITION
The new rules on QOCS come into force on the 6th April. Here is a review of the key points as to issue, the consequences and links to useful commentary. WHEN THE RULES COME INTO FORCE The key date…
HEARING AND TRIAL BUNDLES: ARE THE COSTS OF PREPARATION RECOVERABLE? WELL, YES THEY ARE (IN PART)
There was some discussion on Twitter earlier this evening as to whether the cost of preparing bundles is recoverable at all. Since we have not had a case featuring a judicial complaint about bundles for several months* and “bundle cases”…
ISSUING IN HASTE BEFORE APRIL 6th: DO NOT REPENT AT LEISURE WITH SERVICE ISSUES IN FOUR MONTHS’ TIME
I have been told that there has been a flurry of activity this week with claimants anxious to issue proceedings before the change in the rules relating to QOCS. One problem with this is that there will now be numerous…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 30th MARCH 2023
The changes to the rules as to the set off of QOCS for action issued on or after the 6th April 2023 makes the proper assessment of Part 36 offers of even more importance. Not only will the costs incurred…
MAKE UNJUSTIFIED ALLEGATIONS IN A LETTER OF CLAIM AT YOUR PERIL – YOU CAN PAY THE COSTS: ON AN INDEMNITY BASIS
The judgment of Deputy Master Nurse in Stubbins Marketing Ltd & Ors v Rayner Essex LLP & Anor [2023] EWHC 515 (Ch) contains an important lesson for anyone drafting a letter of claim. The judge ordered that the claimants pay…
AGREEING EXTENSIONS OF TIME FOR SERVICE: THE ESSENTIAL POINT THAT THEY MUST BE IN WRITING
An interesting issue about “agreements” is referred to in the judgment of Mr Justice Kerr in Clarion Housing Association Ltd v Crest Nicholson Operations Ltd [2023] EWHC 620 (TCC). I will be looking at the case in more detail later. …
APRIL 5th IS AN IMPORTANT DATE: WHAT IS MEANT BY “ISSUED” IN THE CONTEXT OF CHANGES TO QOCS?
The new rules relating to the ability to set off defendant’s costs liabilities against a claimant’s costs and damages have, I am told, led to a rush to issue proceedings and a backlog in some courts. These rules come into…
A LITIGANT CAN “APPEAR” AT A SMALL CLAIMS TRACK HEARING BY THEIR LEGAL REPRESENTATIVE: COURT OF APPEAL DECISION
In Owen v Black Horse Ltd [2023] EWCA Civ 325 the Court of Appeal allowed the claimant’s appeal. The claim had been struck out at the start of a Small Claims Track hearing on the grounds that attendance by the…
PART 36, COSTS: THE JUDGE WAS CORRECT NOT TO FIND THAT PART 36 CONSEQUENCES SHOULD NOT APPLY: A DISPUTE “CONDUCTED IN AN ENTIRELY DISPROPORTIONATE WAY AND AT ENTIRELY DISPROPORTIONATE COST”
In Lampor & Ors v Jones [2023] EWHC 667 (Ch) Mr Justice Mellor dismissed the appeals by both parties in relation to costs orders made following Part 36 offers. The trial judge had held that the defendant had failed to…
COST BITES 73: APPEAL ON HOURLY RATES DID NOT GO AS THE APPELLANT PLANNED: THE GUIDELINE HOURLY RATES AND DETAILED ASSESSMENT
In Harlow District Council v Powerrapid Limited (Rev1) [2023] EWHC 586 (KB) Mr Justice Choudhury, sitting with Costs Judge Rowley as an assessor, rejected an appeal about the hourly rates allowed by the costs judge. There are important passages about…
THE COSTS JUDGE OVER YOUR SHOULDER – MAXIMISING RECOVERY ON ASSESSMENT: WEBINAR 6th APRIL 2023
I am presenting a webinar on the 6th April 2023 – The Costs Judge Over Your Shoulder 2023 – Maximising recovery. Booking details are available here. THE WEBINAR “Here the reduction was very large and the reason for the reduction was…
WITNESS CREDIBILITY, MEMORY AND ACCURACY: REVISITING GESTMIN
This is another opportune time to re-visit the principles in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm). This is case that is now mentioned regularly in cases involving witness recollection and dispute of facts. WHY LOOK AT GESTMIN?…
THE SERVICE OF WITNESS STATEMENTS LATE: CLAIMANT REFUSED RELIEF FROM SANCTIONS: DEFENDANT GRANTED RELIEF FROM SANCTIONS: EQUALITY IS NOT ALWAYS EQUITY
It is quite possible that both parties in an action could be in default. One party could be granted relief from sanctions for that default and the other refused. This is precisely what happened in Shill Properties Ltd v Bunch…
CROWING OVER COSTS IS NOT A GOOD LOOK FOR A LITIGANT: A REMINDER OF THE IMPORTANCE OF SOCIAL MEDIA
We are looking again at the judgment of Lord Justice Underhill in Credico Marketing Ltd & Anor v Lambert & Anor [2023] EWCA Civ 262. There is a very brief passage which serves as a reminder that clients can expect…
THE ABSENCE OF A REPLY TO A DEFENCE DOES NOT MEAN THAT IT COULD BE ASSUMED THAT THE ACCOUNT IN THE DEFENCE WAS ACCEPTED
There is a breach statement in the judgment of Lady Justice Andrews in Zanatta v Metroline Travel Ltd [2023] EWCA Civ 224 that highlights a crucial point in relation to the drafting of a Reply. Whereas a Reply and Defence…
PROVING THINGS 250: FAILING TO PROVE IMPECUNIOSITY: A BARE ASSERTION IS NOT ADEQUATE
The judgment of Lord Justice Underhill (refusing permission to appeal) in Credico Marketing Ltd & Anor v Lambert & Anor [2023] EWCA Civ 262 relates a party who failed to adduce sufficient evidence to show impecuniosity. “No evidence of Mr…
PROVING THINGS 249: APPELLANT FAILS TO PROVE LACK OF CAPACITY: SHORTFALLS WITH THE EXPERT EVIDENCE
In Cannon v Bar Standards Board [2023] EWCA Civ 278 the Court of Appeal held that expert evidence placed before it failed to establish that an appellant lacked capacity. The case provides importance guidance about the nature and quality of…
COSTS BITES 73: IN A WASTED COSTS APPLICATION THE APPLICANTS FAILED TO GET PAST THE FIRST STAGE
In King & Ors v Stiefel & Ors [2023] EWHC 453 (Comm) Mr Justice Jacobs refused to allow a wasted costs application to pass stage one of the process. The issues were too complex and the costs to high, to…
COST BITES 72 : COSTS BETWEEN CREDITOR AND SUPPLIER UNDER THE CONSUMER CREDIT ACT: CREDITOR’S ARGUMENT HITS A (BLACKPOOL) ROCK
Barrister Henry King has kindly sent me a copy of the judgment in Pennington -v- Creation Financial Services Ltd, a decision of District Judge Woosnam in the County Court at Blackpool, a copy of which is available here Pennington v…
PERSONAL PEJORATIVE REMARKS IN WITNESS STATEMENTS DO NOT HELP: RECENT DECISIONS AND A REVIEW OF THE CASES
Some recent comments by HHJ Edward Hess in TM -V- KM [2022] EWFC 155 as to the language used in witness statements gives me a chance to reprise the guidance as to the lack of wisdom of using intemperate language…