2019 AND CIVIL PROCEDURE – A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT…
There have been a series of annual reviews on key topics throughout December. To round off the year it seemed a good idea to provide a reminder of them all and put the links in one place 2019 AND CIVIL…
A CASE THAT SHOULD BE READ BY EVERY LAWYER WHO BILLS CLIENTS: CLAIM £84,000 – GET £8,000: PROVIDE ADEQUATE ESTIMATES OF COSTS OR ELSE…
The judgment of Master Leonard Dunbar v Virgo Consultancy Services Ltd [2019] EWHC B12 (Costs) provides an object lesson as to why lawyers must give a full and proper estimate of costs to their clients. The defendant solicitor sought £84,ooo…
APPLYING FOR DISPENSATION FROM COURT FEES: TWO DIFFERENT CASES
I am grateful to my colleague Paul Hughes for sending me a copy of the judgment of District Judge Jenkinson in the case of Stone -v- Allianz Insurance PLC where Paul acted for the defendant. This, and the case of…
DEFECTIVE PART 36 OFFER MEANT CLAIMANT DID NOT OBTAIN PART 36 BENEFITS: WHY CLAIMANTS SHOULD DRAFT THEIR PART 36 OFFERS CAREFULLY
I am grateful to Simon Fisher from DWF costs for sending me a copy of the decision of District Judge Osborne in Flanagan -v- Royal & Sun Alliance Insurance PLC (16th May 2019). A copy of that case is available…
A CRI DE COEUR FOR MORE MONEY WON’T GET YOU AN INTERIM PAYMENT ON ACCOUNT OF COSTS: MASTER EMPHASISES THE NEED FOR HARD EVIDENCE
In RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB) Master Cook made some important observations about the quality of evidence needed to obtain an interim order for costs in an ongoing case. (The judgment in X -v-…
THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE
The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements. The titles are often prompted by elements…
DISTRICT JUDGE SHOULD NOT HAVE “PARTIALLY” RECUSED THEMSELVES: THINGS THAT SHOULD NEVER HAVE BEEN IN A WITNESS STATEMENT: A VERY INTERESTING ASSESSMENT OF COSTS…
I am grateful to Simon Fisher from DWF for providing me a copy of the judgment in Akers -v- Kirlkland [2019] EWHC 2176 (QB) Mr Justice Waksman discussed, in detail, the circumstances in which a judge should recuse themselves and…
SUMMARY ASSESSMENT AND HOURLY RATES: “SOLICITORS PROVIDING SUCH SKILL AND EXPERTISE ARE ENTITLED TO CHARGE THE MARKET HOURLY RATE FOR THEIR AREA OF PRACTICE”
In Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2504 (TCC) Mrs Justice O’Farrell carried out a summary assessment of costs. She also had something to say in relation to hourly rates. There is a succinct review…
ELECTRONIC WORKING IN THE SENIOR COURTS COSTS OFFICE: USEFUL LINKS
The Electronic Working Pilot Scheme in the Senior Courts Costs Office comes into force on the 7th October. There are some useful links on the working of the sceme. USEFUL LINKS A summary on the Courts and Tribunal Judiciary website …
CIVIL PROCEDURE, COSTS, EVIDENCE AND – DINOSAURS : A REVIEW OF THE MONTH – ARTICLES AND POSTS (SEPTEMBER 2019)
Every month I plan to provide links to useful articles and posts on civil procedure. I am happy for anyone to send me links that are relevant to the topics that this blog covers. (Links to posts does not constitute…
WHY IT IS IMPORTANT LITIGATORS KNOW HOW TO COMPUTE TIME PROPERLY: 7 DAYS MEANS 7 DAYS: APPLICATION TWO DAYS LATE: CLAIMANT COMES TO GRIEF
In Evans v Pinsent Masons LLP [2019] EWHC 2150 (QB) Mr Justice Martin Spencer overturned a decision granting relief from sanctions. A major issue arose out of confusion by the claimant’s solicitors over the calculation of the time period. This…
“YOURS IS BIGGER THAN MINE”: COMPARISON OF COSTS NOT ALWAYS APPROPRIATE
In Monex Europe Ltd v Pothecary & Anor [2019] EWHC 2204 (QB) Clive Sheldon QC (sitting as a Deputy High Court Judge) did not accept an argument that the fact that defendants’ costs were much higher than the claimant’s figures…
APPLICATION FOR EXTENSION OF TIME FOR DETAILED ASSESSMENT PROCEEDINGS REFUSED:
There are many lessons that litigation lawyers can learn from the judgment of Master Leonard in Rattan v Carter-Ruck Solicitors [2019] EWHC B9 (Costs). It is a case where a client agreed to a settlement and then, essentially, sought to…
WHEN YOU ARE CHALLENGING A PROVISIONAL ASSESSMENT “BE PREPARED”: MASTER FINDS THAT COURT COSTS OFFICERS DO HAVE JURISDICTION TO CONDUCT PROVISIONAL ASSESSMENTS: THE LIMITED SCOPE OF AN APPEAL FROM A PROVISIONAL ASSESSMENT
I am grateful to my colleague Robin Dunne for sending me a copy of the decision of Master Leonard in PME -v- The Scout Association (30/07/2019). 1. JUDGMENT PME (003). This deals with two issues (i) the jurisdiction of…
RECOVERING THE COST OF ATTENDING THE INQUEST: MUST BE BOTH RELEVANT AND PROPORTIONATE (BUT PROPORTIONALITY IS NOT JUST ABOUT MONEY)
The judgment today in Fullick & Ors v The Commissioner of Police for the Metropolis [2019] EWHC 1941 (QB) deals with the, often challenging, question of whether the costs of attending an inquest is recoverable in cases where the claimant…
PROPORTIONALITY AND PREMIUMS IN CLINICAL NEGLIGENCE CASES: COURT OF APPEAL JUDGMENT TODAY
In West -v- Stockport NHS Foundation Trust [2019] EWCA Civ 1220 the Court of Appeal considered the question of proportionality in relation to clinical negligence actions and the “recoverable” element of ATE insurance. I am grateful to Sean Linley for…
CLAIMANT SUCCESSFUL IN APPEAL IN RECOVERING ADDITIONAL 10% IN DAMAGES WHEN OWN OFFER WAS BEATEN: THE ADDITIONAL AWARD SHOULD NOT BE CATEGORISED AS A “BONUS”
In JLE v Warrington & Halton Hospitals NHS Trust Foundation Trust [2019] EWHC 1582 (QB) Mr Justice Stewart overturned an order of the Master who declined to award the claimant an additional 10% in costs when they had beat their…
LITIGATION THAT WAS “TOTALLY OUT OF PROPORTION”: THE CLAIMANT SHOULD HAVE CUT THEIR CASE TO SUIT THEIR CLOTH: (SOMETHING ABOUT BUNDLES TOO)
In White Winston Select Asset Funds LLC & Anor v Mahon & Anor [2019] EWHC 1381 (Ch) HHJ Simon Barker QC had some telling words about the manner in which the claimant had conducted litigation. What is remarkable about this…
APPEAL AGAINST DISPROPORTIONAL COSTS FAILS: REASONABLE TO USE LEADING COUNSEL IN A £25,000 CLAIM
In East Sussex Fire And Rescue Service v Austin [2019] EWHC 1455 (QB) Mrs Justice Lambert dismissed the defendant’s (paying party) appeal. The defendant argued that costs were disproportional, that the use of leading counsel was unreasonable – as was…
MASTER ENTITLED TO STRIKE OUT UNPARTICULARISED GROUNDS OF DISPUTE IN SOLICITOR AND OWN CLIENT ASSESSMENT: BE PARTICULAR OR ELSE…
In Ainsworth -v- Stewarts Law LLP [201] EWCA Civ 897 HHJ Klein (sitting as a High Court judge) dismissed an appeal against an order dismissing a former client’s challenge to work done on documents. The Master held that the claimant’s…
