CLAIMANT CAN RECOVER COSTS AGAINST A DEFENDANT NOT NAMED IN THE CFA
In Engeham -v- London & Quadrant Housing Ltd & Academy of Plumbing Ltd (01/12/2015) * the Court of Appeal upheld a finding that a consent order which stated that damages and costs were to be paid by a defendant not named…
IS THIS A CLAIMANT'S OR DEFENDANT'S OFFER? ANOTHER IMPORTANT HIGH COURT DECISION ON PART 36
In Van Orrd Uk Limited -v- Allseas UK Limited [2015] EWHC 3385 (TCC) Mr Justice Coulson considered the appropriate consequences when the defendant had beaten its own Part 36 offer. These were unusual circumstances in that the court had to…
BE CAREFUL WHERE YOU SERVE A NOTICE OF COMMENCEMENT: PAYING PARTY ESTOPPED FROM TAKING A POINT AS TO SERVICE
In Edray Ltd -v- Canning [2015] EWHC 2744 (Ch) Stephen Jourdan QC (sitting as a Deputy High Court Judge) considered an issue relating to estoppel and waiver when a Notice of Commencement had not been properly served. “The bill of…
COSTS AS DAMAGES: SOME OBITER, BUT IMPORTANT, REMARKS
There are some important remarks on legal costs claimed as damages in Shaw -v- Kovac [2015] EWHC 3335(QB). (A case that is considered in more detail on Fatal Accidents Law. KEY POINTS In a fatal claim the costs of attending the…
COSTS WHERE CLAIMANTS ARE REPRESENTED BY MORE THAN ONE FIRM OF SOLICITORS: IT CAN GET DIFFICULT
In Ong -v- Ping [2015] EWHC 3258 (Ch) Mr Justice Morgan considered the relevant order to make as to costs when the claimants in an action had been represented by separate solicitors. THE CASE Four claimants had been successful in…
PROPORTIONALITY, COSTS AND PAYMENTS ON ACCOUNT: A HIGH COURT DECISION
In Rallinson -v- North West London Hospitals NHS Trust [2015] EWHC 3255 (QB) Mr Justice Garnham considered issues relating to proportionality when assessing costs to be paid on account. “In my view, there is an argument of real substance here…
DAMNED IF YOU DO: DAMNED IF YOU DON'T: AGREEING COSTS BUDGETS AND COMPLYING WITH THE OVERRIDING OBJECTIVE
“Are lawyers colluding on fees?”, asked Rachel Rothwell in the Law Society Gazette yesterday. Rachel was reporting on a concern, albeit a low key one expressed by some judges that parties are “colluding” to keep their fees high in costs…
WHEN DOES INTEREST BEGIN TO RUN ON COSTS? AN IMPORTANT DECISION
In Involnert Management Inc -v- Aprilgrange Limited [2015] EWHC 2834 (Comm) Mr Justice Legatt addressed the issues of when interest runs on costs. The problem arose because interest under the Judgments Act 1838 carries interest at 8%. Interest on costs…
LIQUIDATORS CLAIMED £1.1 MILLION IN COSTS: NO ORDER FOR COSTS MADE: NO ROBIN HOOD ORDER HERE
I am grateful to Anton Smith of Ashton Bond Gigg Solicitors for sending me details of the decision of Mr Registrar Jones In Brooks & Willetts (liquidators or Robin Hood Centre Plc) -v- Armstrong 2015 EWHC 2289 (Ch) a copy…
THE SUMMARY ASSESSMENT OF COSTS: A PRIMER
In the recent post on the case of SRA -v-Imran we saw the problems posed because the respondent had failed to file a schedule of costs. Rather than order a detailed assessment the judge’s response was to order a “nominal”…
COSTS, CFAS, ADDITIONAL LIABILITIES AND GOING OUTSIDE PUBLIC FUNDING 2: SURREY -v- BARNET & CHASE
See the appeal on this case discussed here. The previous post looked at the decision of Master Rowley in Hyde -v- Milton Keynes Hospital NHS Foundation Trust [2015] EWHC B17 (Costs). In that case the Master decided that a decision to…
MISCONDUCT ON ASSESSMENT LEADS TO REDUCTION OF COSTS BY 50%: KERINS -V- HEART OF ENGLAND NHS FOUNDATION TRUST
There is a report on Lawtel today of the decision of District Judge Griffith in Kerins -v- Heart of England NHS Foundation Trust (Birmingham, 31st July 2015). The claimant’s costs were reduced by 50% because of misconduct in the assessment…
PROPORTIONALITY, ASSESSMENT AND THE COSTS OF BUDGETING: SENIOR COURTS COSTS OFFICE DECISION TODAY
In BP -v- Cardiff & Vale University Local Health Board [2015] EWHC B13 (Costs) Master Gordon-Saker considered several issues relating to proportionality; the format of bills and the costs of costs budgeting. “Having conducted an assessment of the reasonableness of…
CHILDREN, SUCCESS FEES AND DEDUCTIONS FROM DAMAGES : AN IMPORTANT JUDGMENT
The question of child claimants and deductions from damages remains a live and controversial one. The judgment on this issue of the regional costs judge,District Judge Lumb in A & B -v- The Royal Mail Group [2015] EW Misc B24(CC)(14th…
NEW BILL OF COSTS CONSULTATION: A USEFUL LINK
A pilot scheme is being introduced for a new bill of costs model. Initially voluntary the scheme may become compulsory. THE DRAFT BILL AND GUIDANCE DOCUMENTS Useful guidance is available on the Hailsham Chambers website. The draft bill and guidance…
