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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Assessment of Costs
SOLICITOR AND OWN CLIENT ASSESSMENT: INTERIM BILLS ARE NOT STATUTE BILLS

SOLICITOR AND OWN CLIENT ASSESSMENT: INTERIM BILLS ARE NOT STATUTE BILLS

January 20, 2021 · by gexall · in Assessment of Costs, Costs

In Masters v Charles Fussell & Co LLP [2021] EWHC B1 (Costs) Costs Judge Rowley found that bills rendered by the defendant solicitors were not final bills and the claimant retained a right to challenge those costs. ” in order…

NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION

NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION

December 22, 2020 · by gexall · in Assessment of Costs, Costs, Interest

I am grateful to Paul Wainwright for sending me a copy of the judgment of District Judge Baldwin in Godfrey -v- Automotive Products Limited (17th December 2020). This decision, by the regional costs judge, considers whether a claimant in a…

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: "AVOIDABLE DELAY" IS NOT LOOKED AT KINDLY

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY

December 17, 2020 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Extensions of time, Relief from sanctions

In  Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate.  This serves as a salutary warning of the importance of time limits.  Further the Master observed that if a…

THE CHORLEY PRINCIPLE APPLIED TO A SOLICITOR WHO DID NOT HAVE THEIR OWN "FIRM": DEFENDANT HAD TO PAY CLAIMANT'S COSTS ON THE USUAL BASIS

THE CHORLEY PRINCIPLE APPLIED TO A SOLICITOR WHO DID NOT HAVE THEIR OWN “FIRM”: DEFENDANT HAD TO PAY CLAIMANT’S COSTS ON THE USUAL BASIS

December 11, 2020 · by gexall · in Assessment of Costs, Costs

A post earlier this week considered the “Chorley” principle in relation to a solicitor litigating and recovering their costs. I am grateful to my colleague Matthew Smith for sending me a copy of the judgment of Master Rowley in the…

SUMMARY ASSESSMENT OF COSTS: WHAT TO DO IF YOU ARE PRESSED FOR TIME

SUMMARY ASSESSMENT OF COSTS: WHAT TO DO IF YOU ARE PRESSED FOR TIME

December 2, 2020 · by gexall · in Applications, Assessment of Costs, Costs, Summary assessment,

I am looking again at the judgment of HHJ Hodge QC in  Cohen v Fine & Ors [2020] EWHC 3278 (Ch) a because, in concentrating on the issues relating to hourly rates, the other important part of the judgment may…

HOURLY RATES ALLOWED SHOULD BE INCREASED, AT LEAST, BY INFLATION: APPEAL AGAINST SUMMARY ASSESSMENT OF COSTS ALLOWED.

HOURLY RATES ALLOWED SHOULD BE INCREASED, AT LEAST, BY INFLATION: APPEAL AGAINST SUMMARY ASSESSMENT OF COSTS ALLOWED.

December 2, 2020 · by gexall · in Appeals, Assessment of Costs, Costs, Summary assessment,

I am grateful to Sean Linley for drawing my attention to the judgment of HHJ Hodge QC in  Cohen v Fine & Ors [2020] EWHC 3278 (Ch).That judgment has some interesting things to say in relation to current hourly rates…

SOLICITOR AND OWN CLIENT COSTS: NO SENSE OF PROPORTIONALITY HERE: SOME BASIC POINTS ON BILLS

SOLICITOR AND OWN CLIENT COSTS: NO SENSE OF PROPORTIONALITY HERE: SOME BASIC POINTS ON BILLS

October 20, 2020 · by gexall · in Assessment of Costs, Costs, Costs budgeting

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)

GUIDELINE HOURLY RATES (NOT MUCH USE); CANARY WHARF (EXPENSIVE PLACE TO BE); EVIDENCE AND THE SEVEN PILLARS OF WISDOM (ALL FOR £750 AN HOUR)

October 8, 2020 · by gexall · in Assessment of Costs, Costs

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

GUIDELINE HOURLY RATES CONSIDERED IN COURT OF PROTECTION: INFLATION CAN BE TAKEN INTO ACCOUNT ON ASSESSMENT

October 1, 2020 · by gexall · in Assessment of Costs, Civil Procedure, Costs

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

July 31, 2020 · by gexall · in Assessment of Costs, Coronavirus, Costs

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...

WHEN SHOULD INTEREST ON COSTS RUN FROM? A DECISION THAT DOESN’T GO ALL AROUND THE GARDEN…

July 13, 2020 · by gexall · in Assessment of Costs, Costs, Interest

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

FARMER -v- THE CHIEF CONSTABLE OF LANCASHIRE: COSTS DISALLOWED IN FULL: FULL JUDGMENT NOW AVAILABLE

June 23, 2020 · by gexall · in Assessment of Costs, Conduct, Costs

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

WHEN MISCONDUCT ON ASSESSMENT LEADS TO NO AWARD OF COSTS

June 22, 2020 · by gexall · in Assessment of Costs, Conduct, 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

ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT

May 27, 2020 · by gexall · in Appeals, Assessment of Costs, Civil Procedure, Part 36

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

ASSESSMENT OF COSTS: UNDER SPEND OF A PHASE – NOT A GOOD REASON TO DEPART FROM THE BUDGET

May 25, 2020 · by gexall · in Assessment of Costs, Costs, Costs budgeting

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

GUIDANCE FOR THE CONDUCT OF REMOTE COSTS HEARINGS: READ ALL ABOUT IT

April 23, 2020 · by gexall · in Assessment of Costs, Coronavirus, Costs, Remote hearings

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

MAKING SERIOUS SAVINGS ON TRAIN TRAVEL: ADVICE FROM A WELL TRAVELLED PROFESSOR : WHY FIRST CLASS IS SOMETIMES CHEAPER

February 24, 2020 · by gexall · in Applications, Assessment of Costs

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

STRIKING OUT POINTS OF DISPUTE BECAUSE OF LACK OF PARTICULARISATION: PARTIES HAVE TO KNOW WHAT IS IN DISPUTE AND WHY

February 20, 2020 · by gexall · in Appeals, Assessment of Costs, Case Management, Costs

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

FIXED COSTS OUSTED BY AGREEMENT: INSURER HAS TO STAND BY THE DEAL IT STRUCK

February 12, 2020 · by gexall · in Applications, Assessment of Costs, Costs, Fixed Costs, Personal Injury

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

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

February 4, 2020 · by gexall · in Assessment of Costs, Costs, Fixed Costs, Striking out

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…

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  • SOLICITOR AND OWN CLIENT ASSESSMENT: INTERIM BILLS ARE NOT STATUTE BILLS
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