“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…
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…
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…
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…
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 25: DEFENDANTS’ CONDUCT LEADS TO COSTS BEING AWARD ON THE INDEMNITY BASIS
Those who write “robust” letters of response to a letter before action may benefit from reading the judgment of Mr Justice Andrew Baker in Pisante & Ors v Logothetis & Ors [2022] EWHC 2575 (Comm). The judge held that costs…
COST BITES 23: CLAIMANT FAILS IN APPLICATION FOR DELIVERY OF A SOLICITOR’S BILL OF COSTS: CHAMBERLAIN BILLS HAD BEEN SENT; A SIGNATURE ON AN EMAIL WAS SUFFICIENT; ELECTRONIC DELIVERY COMPLIED WITH THE SOLICITORS ACT
In Elias v Wallace LLP [2022] EWHC 2574 (SCCO) Senior Costs Judge Gordon-Saker dismissed the claimant’s application for a delivery of a bill of costs. He found that (i) the bills delivered were “Chamberlain” bills and had sufficient information for…
COST BITES 21: RECEIVING PARTY NOT CONFINED TO PROVISIONAL ASSESSMENT COSTS WHEN THE BILL SETTLES FOR LESS THAN £75,000: “IT WAS WITHIN THE DEFENDANT’S GIFT TO MAKE A REALISTIC PART 36 OFFER”
In UK Sovereign Investments Ltd v Hussain [2022] EWHC 2390 (SCCO)Deputy Costs Judge Campbell rejected an argument that a receiving party’s costs should be confined to provisional assessment costs when the parties had agreed those costs at £59,000. The case…
ASSESSMENT OF A SOLICITOR AND OWN CLIENT BILL OF COSTS: THREE IMPORTANT POINTS CONSIDERED: CLAIMANT’S CLAIM AGAINST SOLICITOR STRUCK OUT
In Sweeney v Wise Solicitors Ltd [2022] EWHC 2314 (SCCO) Costs Judge Rowley struck out a claimant’s application for an an assessment of costs against their former solicitor. The action seeking an assessment of costs was issued out of time…
COST BITES 16: THE CARE NEEDED WHEN QUANTIFYING “COSTS THROWN AWAY”: 45% OF CLAIMED COSTS TO BE PAID ON ACCOUNT
In Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor [2022] EWHC 2024 (Pat) Mrs Justice Joanna Smith considered the amount that should be ordered on account when costs were “thrown away” after an action was adjourned shortly before…
COST BITES 15: DEPARTING FROM THE GUIDELINE RATES FOR SPECIALIST WORK DONE OUTSIDE LONDON
In Lappet Manufacturing Company Ltd & Anor v Rassam & Ors [2022] EWHC 2158 (Ch) Mr Justice Adam Johnson allowed a higher hourly rate for a solicitor working outside London. The rate allowed, for a Nottingham firm, was £350 an…
PART 36 & COSTS: DEFENDANT COULD NOT SHOW INJUSTICE WHEN IT ACCEPTED A PART 36 OFFER OUT OF TIME: “PART 36 IS INTENDED TO BE A TWO-WAY STRAIGHT AND NARROW HIGHWAY”
In Holly Wright (& others) -v- Birmingham City Council District Judge Baldwin (sitting as Regional Costs Judge)* rejected an attempt by a defendant to obtain its costs where it accepted the claimants’ Part 36 offers late. The judge held that…
A COURT, ON A SOLICITOR AND OWN CLIENT ASSESSMENT, CANNOT CONSIDER ASSERTIONS OF UNDUE INFLUENCE OR ECONOMIC DURESS: DEFENDANT’S SUCCESSFUL APPEAL
In Lisa Jones v Richard Slade And Company Ltd [2022] EWHC 1968 (QB) Mr Justice Johnson overturned a decision that the court, on a Solicitors Act assessment, can determine issues of undue influence or economic duress. The judge held that…
COST BITES 8: CENTRAL LONDON HOURLY RATES: THE RATE DEPENDS ON THE LITIGATION NOT THE LITIGATOR
In Brake & Anor v Guy & Ors [2022] EWHC 1911 (Ch) HHJ Paul Matthews (sitting as a High Court Judge). Considered the appropriate hourly rate to be applied on an application. Although costs were being assessed on an indemnity…
COST BITES 7: INDEMNITY COSTS WHEN A CLAIMANT HAS TRIED TO HAVE A SECOND BITE OF THE LITIGATION CHERRY
In Tinkler v Esken Ltd (Costs) [2022] EWHC 1802 (Ch) Mr Justice Leech ordered indemnity costs against a claimant who, in essence, attempted to relitigate a case he had lost on previously. “A principal difference between an order for…
FIXED COSTS OUSTED WHEN THE PARTIES AGREE COSTS ARE TO BE THE SUBJECT OF A DETAILED ASSESSMENT: COURT OF APPEAL DECISION TODAY
In the judgment today in Doyle -v- M&D Foundations & Building Services Limited [2022] EWCA CIV 927 the Court of Appeal found that it was possible for parties to contract out of the fixed costs provisions of the protocols. THE…
COST BITES 1: USE OF A PARTNER IN A BOUTIQUE FIRM CAN LEAD TO LOWER COSTS
There are many cases in which judges make observations about costs which merit wider circulation. This series looks at those kinds of matters. It starts by looking at the observations of Mr Justice Foxton in Hotel Portfolio II UK Ltd…
SOLICITOR AND OWN CLIENT BILLS AND CONDUCT: CPR 44.11 DOES NOT APPLY: REDUCTION OF 75% OVERTURNED ON APPEAL
In John Poyser & Co Ltd -v- Spencer [2022] EWHC 1678 (QB) Mr Justice Morris (sitting with Senior Costs Judge Gordon-Saker as an assessor) overturned a finding that CPR 44.11 applies to solicitor and own client assessments. The practical result…
PERMISSION TO APPEAL REFUSED IN EDWARDS COSTS CASE: THE TEST FOR A SECOND APPEAL WERE NOT SATISFIED
In May I reported on the decision in Edwards (& others) -v- Slater and Gordon UK Limited [2022] EWHC 1091. There was an application for permission to appeal that judgment. Permission was refused. Full details can be found here THE CASE…