SOLICITOR AND OWN CLIENT COSTS: NO SENSE OF PROPORTIONALITY HERE: SOME BASIC POINTS ON BILLS
In Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) the parties were arguing about £385.40. The judge observed “According to their statements of costs, the Claimant and the Defendant have spent £52,575.63 and £35,139.70 respectively on this appeal. That…
GUIDELINE HOURLY RATES (NOT MUCH USE); CANARY WHARF (EXPENSIVE PLACE TO BE); EVIDENCE AND THE SEVEN PILLARS OF WISDOM (ALL FOR £750 AN HOUR)
I am grateful to Tom Jenkinson from Bolt Burdon Kemp for sending me a copy of the decision of Master Rowley in Shulman -v- Kolomoisky (24/06/20) where the issue of the guideline hourly rates was determined. A copy of the…
GUIDELINE HOURLY RATES CONSIDERED IN COURT OF PROTECTION: INFLATION CAN BE TAKEN INTO ACCOUNT ON ASSESSMENT
In PLK & Ors (Court of Protection : Costs) [2020] EWHC B28 (Costs) Master Whalan considered the appropriate hourly rate for Deputies in Court of Protection matters. (I am grateful to Carter Burnett, Costs Consultants, for bringing my attention to…
HEARINGS AND DETAILED ASSESSMENTS IN THE SENIOR COURTS COSTS OFFICE PRACTICE NOTE BY THE SENIOR COSTS JUDGE
Senior Costs Judge Gordon-Saker has issued a Practice Note in relation to Practice in the Senior Courts Costs Office. “Introduction 1. As a result of the hard work and determination of the court staff and the willingness to adapt…
WHEN SHOULD INTEREST ON COSTS RUN FROM? A DECISION THAT DOESN’T GO ALL AROUND THE GARDEN…
We looked at the decision of Senior Costs Judge Gordon-Saker in Marbrow v Sharpes Garden Services Ltd [2020] EWHC B26 (Costs) last week in relation to the question of whether the costs budgeting caps were inclusive or exclusive of VAT. There…
FARMER -v- THE CHIEF CONSTABLE OF LANCASHIRE: COSTS DISALLOWED IN FULL: FULL JUDGMENT NOW AVAILABLE
I wrote yesterday about the two useful articles on the case of Farmer v The Chief Constable of Lancashire [2019] EWHC B18 (Costs). The full judgment is now available on BAILLI. “Anybody around this table being of the costs persuasion…
WHEN MISCONDUCT ON ASSESSMENT LEADS TO NO AWARD OF COSTS
It is illuminating to read two reports of the case of Farmer -v- the Chief Constable of Lancashire, where a party’s conduct on assessment led to no award of costs being made. Indeed the claimant was ordered to pay the…
ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT
Offers of settlement can, and often are, made outside the ambit of Part 36. In MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB) Mr Justice Morris considered issues relating to late acceptance of offers. The case shows…
ASSESSMENT OF COSTS: UNDER SPEND OF A PHASE – NOT A GOOD REASON TO DEPART FROM THE BUDGET
In Utting v City College Norwich [2020] EWHC B20 (Costs) Master Brown rejected an argument that an “underspend” amounted to a good reason to depart from a budget. I am grateful to Paul Kay from R Costings for drawing this…
GUIDANCE FOR THE CONDUCT OF REMOTE COSTS HEARINGS: READ ALL ABOUT IT
The Association of Cost Lawyers has a link on its site to agreed guidance for the Guidance of Remote Hearings. This is designed to ensure that assessments can continue remotely during social isolation. Litigation Futures has a useful summary of…
MAKING SERIOUS SAVINGS ON TRAIN TRAVEL: ADVICE FROM A WELL TRAVELLED PROFESSOR : WHY FIRST CLASS IS SOMETIMES CHEAPER
Last September there was a crowd-sourced post on this blog about the best means of travel and accommodation for lawyers. This is particular interest to litigators who who to travel for court hearings or meetings. When Professor Dominic Regan contacted…
STRIKING OUT POINTS OF DISPUTE BECAUSE OF LACK OF PARTICULARISATION: PARTIES HAVE TO KNOW WHAT IS IN DISPUTE AND WHY
In Ainsworth v Stewarts Law LLP [2020] EWCA Civ 178 the Court of Appeal upheld a decision striking out part of points of dispute. “Common sense dictates that the points of dispute must be drafted in a way which enables…
FIXED COSTS OUSTED BY AGREEMENT: INSURER HAS TO STAND BY THE DEAL IT STRUCK
I am grateful to barrister Andrew Roy for sending me a copy of the decision of District Judge Baldwin (sitting as a Regional Costs Judge) in Turner -v- Cole (16th December 2019). It is a case where the judge held…
BILL OF COSTS STRUCK OUT IN FIXED COSTS CASE: CPR 36.20(11) GIVES RISE TO A “DIFFERENT, SELF-CONTAINED PROCEDURE” FOR DISPUTES AS TO DISBURSEMENTS
In Nema v Kirkland [2019] EWHC B15 (Costs) Master Leonard struck out a claimant’s bill of costs on the grounds that the action was subject to the fixed costs regime and an assessment should never have been sought. The rules…
THE COSTS OF PRE-ACTION DISCLOSURE: IS IT WORTH THE RISK? £40,000 SPENT IN COSTS FOR DOCUMENTS THAT WERE AVAILABLE UNDER GDPR
I am looking again at the decision in Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB). This time I am looking at the order in relation to costs. The application cost in excess of £40,000 in relation to…
A BAD DAY IN COURT FOR THE CLAIMANT’S SOLICITORS: COMPLICATED, OH SO COMPLICATED CFA AGREEMENTS: BREACHES OF THE INDEMNITY PRINCIPLE AND MISCONDUCT ON ASSESSMENT: AGREEMENTS “SO DARKLY PENNED AS TO BE INCOMPREHENSIBLE”
The judgment of Deputy Master Friston in Anthony v Collins [2020] EWHC B14 (Costs) makes for interesting reading. A highly complex series of conditional fee agreements were held to be in breach of the indemnity principle. There are important lessons…
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…