COSTS INCURRED PRIOR TO DEFENDANT’S BREACH ARE RECOVERABLE: THEY WERE “INCIDENTAL” TO THE APPLICATION
In Gee, Re The Estate of [2022] EWHC 1590 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered an argument that costs incurred by the claimant in an attempt to prevent the breach of a court order, and…
THE COSTS JUDGE OVER YOUR SHOULDER: A WORKING EXAMPLE: THE DETAILED ASSESSMENT OF COSTS: HOURS, SUPERVISION AND THE USE OF COUNSEL
The judgment of Master Rowley in Lyle & Anor v Bedborough & Anor [2022] EWHC 1628 (SCCO) gives an insight into the process of detailed assessment of costs. The Master considered the complexity of the case, the use of counsel…
THE REDUCTION OF A SUCCESSFUL CLAIMANT’S COSTS BECAUSE OF CONDUCT: RELEVANT CALDERBANK OFFERS CONSIDERED: RECOVERABLE COSTS REDUCED BY 15% AND 60%
In Mathieu v Hinds & Anor (No. 2: Costs) [2022] EWHC 1624 (QB) Mrs Justice Hill reduced a claimant’s recoverable costs. An initial 10% reduction was made because of the pursuit of a claim for provisional damages which was not…
SERVICE BY EMAIL WAS NOT GOOD SERVICE: A CLAIMANT NEEDS A SPECIFIC STATEMENT THAT SERVICE WILL BE ACCEPTED: APPLICATION FOR AN EXTENSION OF TIME REFUSED
In Karanja, R (On the Application Of) v University of the West of Scotland [2022] EWHC 1520 (Admin) Michael Ford QC, sitting as a Deputy High Court Judge, found that a claim form had not been served when it was…
SUMMARY ASSESSMENT OF COSTS: THERE WAS PROCEDURAL UNFAIRNESS IN THE ASSESSMENT PROCESS, HOWEVER THE RESULT WOULD HAVE BEEN THE SAME
In Golubovich v Golubovich [2022] EWHC 1605 (Ch) Mr Justice Edwin Johnson refused a defendant permission to appeal from the decision made in a summary assessment of costs. There had been procedural unfairness in the way that the assessment was…
SIMMONS -V- CASTLE 10% UPLIFT APPLIES TO DAMAGES FOR BREACH OF REPAIRING COVENTANT: COURT OF APPEAL DECISION TODAY
In Khan v Mehmood [2022] EWCA Civ 791 the Court of Appeal held that the 10% uplift in s.44(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 applied to damages for breach of a repairing covenant. “……
ED SHEERAN: SONGWRITING, CONDUCT AND COSTS: THE WINNING PARTY GETS PAID: THE COURT WOULD NOT TURN REALITY ON ITS HEAD
In Sheeran & Ors v Chokri & Ors [2022] EWHC 1528 (Ch) Mr Justice Zacaroli rejected an argument that conduct during an action should lead to costs being disallowed. “This, however, is to turn reality on its head. The…
FATAL ACCIDENTS: AVOIDING THE PITFALLS: WEBINAR 28th JUNE 2022
This webinar is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems. Booking details are available here. TOPICS TO BE COVERED Important issues prior to death, the…
“SUBSTANTIAL INJUSTICE” AND FUNDAMENTAL DISHONESTY: WE’LL KNOW IT WHEN WE SEE IT BUT WE DON’T SEE IT HERE: JUDGE’S DECISION NOT TO IMPOSE USUAL PENALTIES OVERTURNED ON APPEAL
In Woodger v Hallas [2022] EWHC 1561 (QB) Mr Justice Julian Knowles overturned a decision of the Circuit Judge that the usual principles of a finding of fundamental dishonesty should not apply to the claimant. The judgment involves a consideration…
COSTS, INTEREST ON COSTS AND COSTS ON COSTS: SEE HOW THEY GROW: £65,000 BECOMES £185,000
There is a short passage in the judgment of HHJ Paul Matthews (sitting as a High Court Judge) in Blacklion Law LLP v Amira Nature Foods Ltd & Anor [2022] EWHC 1500 (Ch) that shows one of the dangers of…
THINGS TO THINK ABOUT WHEN SIGNING A DOCUMENT ON BEHALF OF A CLIENT: A FEW CASES CONSIDERED
It is also useful to issue periodic reminders of the dangers that are involved when a solicitor signs a document on behalf of their client. Here we look at several cases and the rules themselves. The observations of the…
VERY LATE APPLICATIONS FOR PERMISSION TO WITHDRAW ADMISSIONS REFUSED: ADMISSIONS MADE IN REPLY REMAINED BINDING
I am grateful to John De Waal QC for pointing out the procedural aspects of the judgment of Mr Justice Edwin Johnson in Valley View Health Centre (a firm) & Ors v NHS Property Services Ltd [2022] EWHC 1393 (Ch)….
THE RULES ABOUT WITNESS STATEMENTS “SHOULD NOT BE USED AS A WEAPON FOR THE PURPOSE OF BATTERING THE OPPOSITION”: COMMONSENSE MUST BE USED: APPLICANT ORDERED TO PAY 75% OF THE RESPONDENTS’ COSTS ON THE INDEMNITY BASIS
In Curtiss & Ors v Zurich Insurance Plc & Anor (Costs) [2022] EWHC 1514 (TCC) HHJ Keyser QC (sitting as a Judge of the High Court) ordered the applicant to pay 75% the respondents’ costs on the indemnity basis. The…
INDEMNITY COSTS NOT AWARDED WHEN A DEFENDANT REFUSED TO MEDIATE: HIGH COURT DECISION TODAY
In Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen (sitting as a High Court judge) refused an application for indemnity costs made on the basis that the defendants had refused mediation….
CAN A PARTY TO LITIGATION WITHHOLD THEIR ADDRESS FOR SERVICE? COURT FINDS IT HAS A DISCRETION – BUT DECLINES TO EXERCISE IT
In Axnoller Events Ltd v Brake & Anor (Possession and Eviction Proceedings) [2022] EWHC 1162 (Ch) HHJ Matthews (sitting as a High Court judge) considered the question of whether a party to litigation must give an address for service, whether…
APPEALS: POINTS OF LAW AND BUNDLES: LITIGANTS SHOWN THE YELLOW CARD: YOU CAN READ THE RULES HERE
In Banks v Blount [2022] EWHC 1491 (QB) Mr Justice Ritchie was critical of an appellant for failing to comply with two basic elements of the practice directions relating to appeals. The need for clarity and precision when referring to…
DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022
This webinar looks at the difficult, but important, issue of how the courts award damages when a claimant has reduced life expectancy as a result of their injuries. Booking details available here. TOPICS TO BE COVERED What is the…
SUMMARY ASSESSMENT OF COSTS: HOURLY RATE TOO HIGH AND LAWYERS SHOULD LEARN TO DELEGATE
In Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1416 (Ch) HHJ Paul Matthews (sitting as a Judge of the High Court) considered the costs to be paid to a successful respondent. The judge did not allow the…
“IT IS NOT FOR AN EXPERT TO DISREGARD THE INSTRUCTIONS THEY HAVE RECEIVED FROM THE COURT AND THE PARTY INSTRUCTING THEM AND TO THEREBY WHOLE SCALE IGNORE EVIDENCE WHICH DOES NOT SUPPORT THEIR OPINION” (ANOTHER CASE ON EXPERTS…)
We have another example of expert witnesses being criticised by the court in the judgment of HHJ Claire Jackson in Davies-Gilbert v Goacher [2022] EWHC 969 (Ch). “it is not for an expert to disregard the instructions they have…
EXPERT WHO WALKED “ON THE PAVEMENT HAND IN HAND” WITH THE CLIENT: EXPERT WITH ALL THE HALLMARKS OF THE MENTALITY OF AN ADVOCATE
We have already looked at the judgment of Mr Justice Mostyn in Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53 in relation to costs. There are some telling observations in that judgment in relation to the role of the expert…
INTERIM PAYMENTS AND THE LEVEL PLAYING FIELD: CLAIMANT OBTAINS PAYMENT DESPITE DEFENDANT’S CONCERNS
In Salwin v Shahed [2022] EWHC 1440 (QB) HHJ Pearce considered the appropriate sum to be paid to the claimant by way of interim payment. This case shows a very careful consideration of the “Eeles” criteria and the factors the…
“HOW IS IT THAT THESE EXORBITANT COSTS HAVE BEEN INCURRED?”: A JUDICIAL LAMENT: FINANCIAL REMEDY LITIGATION HEADING FOR RITZ HOTEL STATUS
In Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53 Mr Justice Mostyn, expressed his concern about the costs incurred in a financial remedies case. This is far from being the first time there has been judicial lament about the…
THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 15th JUNE 2022
This webinar looks at the problems and issues faced by a child who has suffered the loss of parents or carers. It looks at the position when children are the sole claimants, have a dependency claim as part of a…
RESPONDENTS CANNOT BE ORDERED TO PAY THE COSTS OF OTHER RESPONDENTS WHEN THERE WAS NO DISPUTE BETWEEN THEM
In Elser v Sands & Ors [2022] EWHC 1419 (Ch) Chief ICC Judge Briggs held that the court did not have power to order one respondent’s costs to be paid by other respondents. There was nothing in dispute between them…
THE COMPENSATION RECOVERY UNIT, LISTED AND UNLISTED BENEFITS
I gave a webinar earlier today in relation to deductions from damages. One of the issues considered was the problems caused by Universal Credit. There is an important distinction, in law, between “listed” benefits – which are subject to CRU…
COURT REFUSES RELIEF FROM SANCTIONS WHEN PARTICULARS OF CLAIM ARE SERVED OUT OF TIME: THE DANGERS OF LIVING IN THE “TWILIGHT ZONE” (AND OF LEAVING SERVICE UNTIL THE LAST MINUTE)
In Croke & Anor v National Westminster Bank Plc & Ors [2022] EWHC 1367 (Ch) Deputy Master Marsh refused the claimants’ application for relief from sanctions in a case where the Particulars of Claim were served one day late. It…
AN AGREEMENT TO PAY COSTS WAS TO PAY FIXED COSTS ONLY:NOT DISPLACED BY LATER “PART 36” OFFER: DEFENDANT SUCCESSFUL ON APPEAL
I am grateful to Simon Fisher from DWF for sending me a copy of the judgment of HHJ Luba QC, sitting with Costs Judge Rowley, in Soares -v- Wilson (27th May 2022). A copy of which is available Soares v Wilson…
DEFENDANT UNSUCCESSFUL IN SETTING ASIDE DEFAULT JUDGMENT: NO REASONABLE PROSPECT OF SUCCESS: DELAY WOULD HAVE LED TO APPLICATION BEING REFUSED IN ANY EVENT
In Al Nasser & Al Masri Trading Company WLL Ltd Co v Munir [2022] EWHC 1174 (QB) Master Sullivan refused an application to set aside a default judgment. This case shows the importance of having detailed evidence available if a…
MAKING AN APPLICATION FOR PRE-ACTION DISCLOSURE, AFTER THE ACTION IS STARTED: THE CLAIMANTS HAVE FIVE PROBLEMS
The judgment of Senior Master Fontaine in Hart & Ors v Royal Borough of Kensington And Chelsea & Ors [2022] EWHC 1090 (QB) highlights the need for applications for disclosure to be made with some considerable focus. The court cannot…
MORE ABOUT THE CLAIMS PORTAL: AMENDMENTS RELATING TO LEGAL PROFESSIONALS RESPONDING TO CLAIM IS NOW REVOKED: KEEP UP TO DATE WITH TWITTER…
Another tweet from HMSCTS clarifies the position in relation to defendant’s compulsory use of the claims portal which was discussed yesterday. It appears that the amendments relating to legal professionals responding to claims has not simply been postponed, but this…
TEMPORARY HALT TO USE OF CLAIMS PORTAL: PUBLIC ANNOUNCEMENT BY A TWEET… THESE CIVIL PROCEDURE RULES WILL NOT LONGER COME INTO EFFECT ON 2ND JUNE 2022
Practice Direction 51ZB was amended so that it would be compulsory for defendants to use the portal from the 2nd June 2022. However this has been delayed. A tweet from HM Courts and Tribunal Services made at 1.33 today…
AN INSURANCE PREMIUM WAS PROPERLY INCURRED: JUDGE, ON APPEAL, ALLOWS ATE COSTS TO BE DEDUCTED FROM CHILD’S DAMAGES
I am grateful to Express Solicitors for sending me a copy of a judgment of X -v- H&M Hennes, made by HHJ Lethem on 21st April 2022. It relates to the recoverability of an insurance premium between solicitor and client. …
DEFENDANTS WERE TOO LATE TO ACCEPT A PART 36 OFFER: THEIR APPLICATIONS FOR RELIEF FROM SANCTIONS ALSO DENIED
In Wirex Ltd v Cryptocarbon Global Ltd & Ors [2022] EWHC 1161 (IPEC) HHJ Hacon determined some interesting issues in relation to attempts to accept Part 36 offers late and relief from sanctions. THE CASE The claimants had obtained a…
ANOTHER CASE WHERE JUDICIAL REVIEW PROCEEDINGS WERE ISSUED IN LONDON BUT IT WAS TRANSFERRED TO LEEDS
In Fajr Ellis, R (On the Application Of) v Student Loans Company [2022] EWHC 1263 (Admin) Mr Justice Fordham held that judicial review proceedings, issued in London, should be transferred to the administrative court in Leeds. “In my judgment…
THE COURT DOESN’T LIKE MACHISMO, AGGRESSIVE LETTERS AND THE LIKE: HOWEVER A CLAIMANT STILL HAS TO GET ON WITH THINGS
There are some interesting observations about the conduct of litigation in the Court of Appeal judgment in Planon Ltd v Gilligan [2022] EWCA Civ 642. The court made it clear that it is alive to “machismo” methods of conducting litigation….
DEDUCTIONS FROM PERSONAL INJURIES DAMAGES AND CURRENT ISSUES WITH CRU: WEBINAR 10th JUNE 2022
This webinar looks at issues relating to deductions from damages, it will also cover recent issues relating to mitigation of loss. Booking details are available here. TOPICS TO BE COVERED Non-CRU benefits and deduction from damages What is the…
THE BURDEN IS ON THE SERVING PARTY TO SHOW A DOCUMENT HAS BEEN PROPERLY SERVED: SERVICE ON A RESPONDENT RESIDENT IN FRANCE HAD NOT BEEN ESTABLISHED: APPLICATION AGAINST THAT PARTY DISMISSED
In Camberley Group & Ors v Foster & Ors [2022] EWHC 1309 (QB) Richard Hermer QC, sitting as a Deputy High Court Judge, dismissed an application for disclosure from a non-party on the grounds that the claimant failed to establish…
THE PRACTICE DIRECTION SHOULD NOT BE TAKEN AS A WEAPON IN WHICH TO FILLET TWO OR THREE WORDS FROM A WITNESS STATEMENT: CLAIMANTS FAIL IN THEIR PITCH TO EXCLUDE EVIDENCE
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2022] EWHC 1244 (Ch) Mr Justice Mellor refused the claimants’ application to exclude or edit the defendants’ witness statements. “… in my view PD57AC…
FAILURE TO COMPLY WITH THE RULES LEADS TO PARTS OF A CLAIMANT’S WITNESS STATEMENT BEING STRUCK OUT: COMPLY WITH THE RULES – OR ELSE
In Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) HHJ Paul Matthews, sitting as a judge of the High Court, struck out parts of the claimant’s witness statement due to its failure to comply with the rules. …
IS THE CCMCC BREAKING THE LAW ?THE DAMAGES PILOT AND CASES WHERE THE CCMC ARE REFUSING TO ISSUE PROCEEDINGS: WHAT IS THE RELEVANT DATE FOR LIMITATION PURPOSES?
I have come across several examples recently of the CCMCC refusing to issue claim forms on the basis that proceedings should have been issued online using the Damages Claim Pilot. In every case the papers have been returned wrongfully, the…
WITNESS DEMEANOUR: ARGUMENTS CONSIDERED BY THE COURT OF APPEAL
Occasionally I will use Twitter to tweet links to previous posts on this blog which may continue to be of interest. I did this recently in relation to a post on witness credibility and demeanour that I wrote in 2018….
THE COSTS JUDGE OVER YOUR SHOULDER: THINKING ABOUT DETAILED ASSESSMENT OF COSTS FROM THE OUTSET: WEBINAR 20th JULY 2022
The assessment of costs is a crucial stage in litigation. Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties. Relatively few litigators have experience of attending a…
“THE LADD -V- MARSHALL CRITERIA ARE CUMULATIVE”: RELIEF FROM SANCTIONS GRANTED BUT APPLICATION TO ADDUCE NEW EVIDENCE REFUSED: APPEAL ON JUDGE’S FINDINGS OF FACT FAILED
In Premier Experts London Ltd -v- Rajwani [2022] EWHC 1188 (QB) Sir Andrew Nicol refused the defendant’s application for permission to appeal. Relief was granted when new evidence was served late, however that evidence failed to satisfy the Ladd -v-…
PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL
In Celtic Bioenergy Ltd v Knowles Ltd [2022] EWHC 1223 (QB) Mrs Justice Foster refused the defendant’s appeal in a case where a very late addition to the points of dispute had been refused by Master Campbell. The issues that…
JUDGE REFUSES TO STRIKE OUT ACTION ON THE BASIS OF “ILLEGALITY”: THE CLAIMANT WAS NOT CAPABLE OF COMMITTING “CRIMINAL” ACTS
For the second time today I am writing about a case where the court has refused to strike out a statement of case. In Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2022] EWHC 1213 (QB) Mr Justice Garnham…
THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010 AND THE DATE OF “ACTIONABLE DAMAGE”: COURT REFUSES TO STRIKE OUT THE CLAIMANT’S CASE
In the judgment today in Brooks v Zurich Insurance Public Ltd Co & Anor [2022] EWHC 1170 (QB) Master Davison refused an application to strike out an action against insurers under the provisions of the Third Party (Rights Against Insurers)…
WITNESS STATEMENTS WHEN THE WITNESS CANNOT SPEAK ENGLISH: “IT IS DOUBTFUL THAT HE IN FACT SIGNED THE STATEMENT”
In Borra v Commissioners for Her Majesty’s Revenue and Customs & Anor [2022] EWHC 1195 (Ch) ICC Judge Mullen considered the requirements of the Practice Direction in relation to a witness giving evidence in a foreign language. None of the…
PROVING THINGS 233: ASSESSING EVIDENCE AFTER 14 YEARS: THE CRUEL CONCEPT OF CAUSATION IN MEDICAL NEGLIGENCE
This blog has looked many times at issues relating to witness evidence and the judicial approach when hearing evidence of matters that happened a considerable time before trial. The difficulties are made clear in the judgment of HHJ Emma Kelly…
A TRIAL BUT NOT BY JURY: DEFENDANT’ APPLICATION FOR DEFAMATION TO BE DETERMINED BY JURY REFUSED
In Blake & Ors v Fox (Re Trial by Jury) [2022] EWHC 1124 (QB) Mr Justice Nicklin refused the defendant’s application for a jury trial of a defamation action. “… since the removal of the statutory presumption in s.69(1), jury…
PROVING THINGS 232: “THE RULES OF THE GAME OF ASSOCIATION FOOTBALL HAVE NOT BEEN DRAFTED WITH CIVIL LIABILITY IN MIND”: APPEAL LEADS TO OVERTURNING OF JUDGMENT ON FOOTBALLER’S NEGLIGENCE: A REMATCH IS ORDERED
In Fulham Football Club v Jones [2022] EWHC 1108 (QB) Mr Justice Lane allowed an appeal in a case where a footballer had found to be negligent when tackling an opponent. The judgment considers the issue of liability in the…
You must be logged in to post a comment.