COST BITES 231: THE CLAIMANT’S REASONABLE VALUATION OF THE CASE MEANT IT DID NOT COME WITHIN THE PRE-ACTION PROTOCOL (HOWEVER THE FACTS OF THE ACCIDENT ITSELF WOULD NOT HAVE TAKEN IT OUTSIDE THE PROTOCOL)
In Julie Johnson v Choice Support [2025] EWHC 1020 (SCCO) Deputy Costs Judge Erwin-Jones decided that the claimant’s initial valuation of a case made it reasonable to start it outside the Pre-Action Valuation Protocol for Low Value Claims. There is also an…
COST BITES 230: CLIENT UNSUCCESSFUL IN APPLICATION FOR ASSESSMENT OF BILLS RENDERED MORE THAN 12 MONTHS PRIOR TO ISSUE: CLAIMANT’S ARGUMENTS GO NOWHERE…
There are numerous cases on this blog where solicitor defendants have encountered major problems, and often come to grief, when faced with applications by clients for solicitor and own client assessments. The judgment of Costs Judge Whalan in Mehta v…
COST BITES 229: THE CORRECT WAY OF CALCULATING A SUCCESS FEE IN A PERSONAL INJURY CASE: THE SOLICITOR DOES NOT HAVE AN AUTOMATIC ENTITLEMENT TO 25% OF THE DAMAGES
The calculation of a “success fee” in a personal injury action is a subject that has been the subject of several cases over the years. The issues were considered by District Judge Lumb in SJ (a minor suing by his mother…
COST BITES 227 : THE JUDGE WAS RIGHT TO ORDER THE CLAIMANT TO PAY 80% OF THE COSTS OF TWO APPLICATIONS: DECISION UPHELD ON APPEAL
I am grateful to James Packer of Duncan Lewis for sending me a copy of the judgment of Mrs Justice Hill in Mlundira -v- The Secretary of State for the Home Department [2025] EWHC 189 (KB), a copy of which…
CLAIMANT ENTITLED TO COSTS TO BE ASSESSED AFTER LATE ACCEPTANCE OF A PART 36 OFFER: EVEN THOUGH FIXED COSTS APPLIED AT THE TIME THE OFFER WAS MADE
I am grateful to barrister Thomas Mason for drawing my attention to the judgment today in Laura Attersley v UK Insurance Limited [2025] EWHC 884 (KB). Mrs Justice Stacey decided that a claimant, who had accepted a Part 36 offer…
PART 36: SUCCESSFUL CLAIMANTS RECOVER ADDITIONAL SUMS: PART 36 CONSEQUENCES ARE THERE TO INCENTIVISE OFFERRES TO ACCEPT REASONABLE OFFERS
In Thomas Barry & Anor v Denis Barry [2025] EWHC 819 (KB) Mr Justice Dexter Dias rejected the defendant’s argument that the claimants should not receive an additional amount in circumstances where they had beaten their own Part 36 offers. The…
COST BITES 226: ARE THE COSTS OF DELEGATION RECOVERABLE? POTENTIALLY – BUT THERE IS A CAVEAT – IT MUST NOT LEAD TO INCREASED COSTS
It is prudent for litigators of every type to take a look at decisions made on the assessment of costs. The fundamental questions “am I going to get paid for doing this?” or “Is my client going to recover the…
COST BITES 224 : SOLICITORS ACT ASSESSMENT: COSTS JUDGE DISMISSES CLAIMANT’S PART 8 ACTION BECAUSE THERE WERE PART 7 PROCEEDINGS PENDING: (DEFENDANT’S COSTS DESCRIBED AS “INCREDIBLE)”
In Captivatiun Ltd v Orr Litchfield Solicitors Ltd [2025] EWHC 679 (SCCO) Costs Judge Nagalingam dismissed a client’s application for an assessment of costs under Part 8. The application was made out of time and there were ongoing Part 7…
COST BITES 223: HOW MUCH DOES AN UNSUCCESSFUL APPLICATION TO ADDUCE EXPERT EVIDENCE COST? £111,616 (APPROXIMATELY): (OH, AND PLUS YOUR OWN COSTS)
I sometimes have to remind people (and remind myself) that one of the aims of this series is to keep an eye on costs awards that are actually made at hearings at trial. This provides an insight into what is…
AGENCY FEES AND MEDICAL REPORTS: JUDGE REFUSES TO ALLOW AGENCY PROFIT ELEMENT OF THE FEE: ANOTHER ROUND IN A CONTINUING BATTLE
I am grateful to Howard Dean of Keoghs, solicitors, for sending me a copy of the judgment of District Judge Morris in Smith -v- Portsmouth Hospital NHS Foundation Trust, a copy of which is available here. It is a case…
COST BITES 220: QOCS PROTECTION DOES NOT APPLY TO CO-CLAIMANTS WHO DO NOT BRING A CLAIM FOR PERSONAL INJURY: NOR DOES IT APPLY WHEN A CASE IS STRUCK OUT
In BB & Ors v Khayyat & Ors [2025] EWHC 443 (KB) Mr Justice Soole rejected an argument that claimants who had not brought an action for personal injury could have the benefit of QOCS protection. The fact that they…
COST BITES 219: DISBURSEMENTS: WHAT IS A REASONABLE AND PROPORTIONAL INTERPRETER’S FEE? THE COURT MUST “HAVE REGARD TO THE MARKET”
In Santiago v Motor Insurers’ Bureau ( The County Court at Central London, 22nd February 2025,available here Santiago v MIB Final)* HHJ Dight CBE considered the issue of what was a reasonable and proportional interpreter’s fee. The case had been…
COST BITES 218: JUNIOR COUNSEL’S FEES NOT RECOVERABLE IN PRIVY COUNCIL CASE WHERE THE CFA WAS NOT LAWFUL
I am grateful to Andrew Roy KC for sending me a copy of the judgment of Costs Judge Rowley in Ruhumatally v The State of Mauritius & Anor, a copy of the judgment is available here Ruhumatally – reasons. The…
COST BITES 217: CLAIMANTS TO PAY THE DEFENDANTS’ COSTS OF THE BUDGETING HEARING: THE PROPOSED BUDGET WAS “ON THE WRONG SIDE OF THE LINE”
We are returning to the judgment of Mr Justice Constable in GS Woodland Court GP 1 Ltd & Anor v RGCM Ltd & Ors [2025] EWHC 285 (TCC), looked in the previous post. Because of the nature of the budget that the…
COST BITES 216: THIS IS A CASE OF HIGH VALUE: HOWEVER THE CLAIMANTS’ COSTS ARE DISPROPORTIONAL AND THE HOURLY RATES ARE EXCESSIVE
This is the first of two posts looking at the costs budgeting judgment of Mr Justice Constable in GS Woodland Court GP 1 Ltd & Anor v RGCM Ltd & Ors [2025] EWHC 285 (TCC). The judge made observations in…
THE IMPORTANCE OF ADEQUATE TIME ESTIMATES: THE COURT COULD APPLY SANCTIONS “POUR ENCOURAGER LES AUTRES”
We are considering the issue of adequate time estimates for the second time this year. We are also revisiting the judgment of Deputy Costs Judge Roy KC in Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO), however this time on…
COST BITES 215: NON-COMPLIANT POINTS OF DISPUTE STRUCK OUT – BUT THE COMPLIANT PARTS REMAIN.
In Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO) Deputy Costs Judge Roy KC considered the appropriate approach were part of the Points of Dispute to a bill of costs were non-compliant. He held that the appropriate course of…
COST BITES 214: SHOULD THE COURT MAKE AN ORDER FOR COSTS AGAINST A CLAIMANT WHEN THE COSTS BUDGET HAS BEEN GREATLY REDUCED? THE ISSUES CONSIDERED
In Zavorotnii v Malinowski [2025] EWHC 260 (KB) HHJ Karen Walden-Smith considered the arguments as to whether a major reduction in a party’s costs budget should lead to an order for costs being made, rather than an order for costs…
COSTS BITES 214: LAWYERS DO YOU WANT TO WORK FOR NOTHING? THE DEFENDANTS’ DAMAGE BASED AGREEMENTS WERE NOT VALID AND COSTS WERE NOT RECOVERABLE UNDER A COSTS ORDER: WHY SOLICITORS NEED TO THINK ABOUT THEIR RETAINERS CAREFULLY
If ever there was a case that highlighted the need for solicitors to consider the terms of the retainer with care, and know the law relating to Damages Based Agreements in detail, it is the judgment of Costs Judge Brown…
COST BITES 213: HOW DOES THE COURT APPROACH ASSESSMENT WHEN COSTS ARE DEDUCTED FROM THE CLIENT’S DAMAGES
We are returning, for the final post (for the time being at least) to the judgment of Cost Judge Rowley in Perrett v Wolferstans LLP [2025] EWHC 68 (SCCO). The judge considered the question of how the costs should be…
COST BITES 212: ARGUMENTS ABOUT DEDUCTIONS OF COSTS FROM CLIENT’S DAMAGES: THE CONSUMER RIGHTS ACT 2015 AND THE SRA CODE OF CONDUCT
We are again returning to the judgment of Cost Judge Rowley in Perrett v Wolferstans LLP [2025] EWHC 68 (SCCO). Here we examine the claimant’s (former client’s) arguments in relation to the deduction of costs breaching the Consumer Rights Act 2015…
COST BITES 211: THE ASSESSMENT OF COSTS: LARGE ELEMENTS OF POINTS OF DISPUTE STRUCK OUT BECAUSE OF INADEQUATE PARTICULARISATION
In St Francis Group 1 Ltd & Ors v Kelly & Anor [2025] EWHC 125 (SCCO) Costs Judge Leonard struck out large parts of a defendant’s Points of Dispute. The Points of Dispute were inadequately particularised. The judgment contains an…
COST BITES 210: INTERIM BILLS WERE NOT STATUTE BILLS: THE CLIENT HAS THE RIGHT TO AN ASSESSMENT OF THE FINAL BILL: “SPECIAL CIRCUMSTANCES” CONSIDERED
I am grateful to barrister Thomas Mason for drawing my attention to the judgment of Senior Costs Judge Gordon-Saker in Topalsson GmbH v CMS Cameron McKenna Nabarro Olswang LLP [2025] EWHC 118 (SCCO). The judge determined that a series of…
EXTRAORDINARY CONDUCT WHICH LED TO SOLICITOR’S UNLAWFUL DEDUCTION FROM A PROTECT PARTY’S DAMAGES: JUDGMENT FROM THE SCCO
In AKS v National Farmers Union Mutual Insurance Society Ltd [2025] EWHC 126 (SCCO) Costs Judge Leonard recounted an extraordinary set of facts where a solicitor had wrongly deducted sums from their client’s damages. The judgment shows that this issue…
COST BITES 209: A CLIENT’S CHALLENGE TO THE DEDUCTION OF THEIR OWN SOLICITOR’S COSTS WAS THIS A CFA OR A DBA: WAS THE SOLICITOR OBLIGED TO OFFER A DBA?
We are continuing with the examination of the judgment of Cost Judge Rowley Perrett v Wolferstans LLP [2025] EWHC 68 (SCCO). Here the judge considered (and rejected) that claimant’s [former client’s] argument that the CFA entered into with the solicitor was…
COST BITES 208: A CLIENT’S CHALLENGE TO THE DEDUCTION OF THEIR OWN SOLICITOR’S COSTS IN PERSONAL INJURY ACTION
There is a strange area of litigation and legal costs where issues of proportionality and common sense appear to totally disappear. – that is former client’s challenges to solicitor’s deductions from damages. We see another example in Perrett v Wolferstans…
COST BITES 207: THE BREAKDOWN OF EXPERT FEES WHEN AN AGENCY IS INVOLVED (AGAIN): THE RECEIVING PARTY, APPLES AND PEARS AND AN ELECTION HAS TO BE MADE
In JXX v Archibald [2025] EWHC 69 (SCCO) Costs Judge Rowley considered the – much debated and litigated – issue of whether there needs to be breakdown of an expert’s fee when the expert is instructed through an agency. The…
THE COSTS JUDGE OVER YOUR SHOULDER: MAXIMISING COSTS RECOVERY ON AN INTER PARTIES RECOVER – THE LITIGATOR’S ROLE: WEBINAR 23rd JANUARY 2025
Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties. The webinar uses examples from reported cases to show where failures and omissions by the receiving party has…
MISCONDUCT IN ASSESSMENT AND REDUCTIONS IN COSTS – A REVIEW OF THE CASES II: KERINS -V- HEART OF ENGLAND: COSTS REDUCED BY 50%
We are continuing this series looking at issues of misconduct in the assessment process by looking at 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…
MISCONDUCT IN ASSESSMENT AND REDUCTIONS IN COSTS – A REVIEW OF THE CASES 1: LAHEY -v- PIRELLI TYRES LIMITED
Recent cases on the issue of costs being reduced, or disallowed, due to the conduct of the assessment proceedings have led me to review the cases on this topic. This is the first in a series of posts about the…
THREE WEBINARS ON COSTS TO START OF THE CALENDAR (IF NOT THE FINANCIAL) YEAR
There are three webinars on costs this January of interest to most litigators. The first deals with the summary assessment of costs; the second the role of the litigator in detailed assessments and the third on the topic of deducting…
MAXIMISING INTER PARTES COSTS RECOVERY IN HOUSING LAW CASES: WEBINAR 10th JANUARY 2025
I am speaking about costs for housing lawyers on the 10th January 2025 in a webinar arranged by Steve Cornforth. Booking details can be found by emailing Steve on stevecornforthconsultancy@gmail.com THE WEBINAR This webinar looks at how housing…
HAPPY NEW YEAR: THE NEW SOLICITORS’ GUIDELINE HOURLY RATES FOR 2025
January 1st sees the introduction of the indexed hourly rates. They are published on the Gov.UK website here. THE RATES FOR 2025 Grade Fee earner London 1 London 2 London 3 National 1 National 2 A Solicitors and…
COST BITES 204: A SUCCESS FEE CANNOT BE RECOVERED AS DAMAGES: SUPREME COURT DECISION: “AN ORDER THAT PROVIDES FOR ONE PARTY TO PAY ANOTHER PARTY’S COSTS IS A COSTS ORDER”
In Hirachand v Hirachand & Anor [2024] UKSC 43 the Supreme Court dismissed the idea that an award to a claimant could be increased to take account of the fact that the claimant was liable to pay a success fee…
COST BITES 203: A SUMMARY ASSESSMENT IN PRACTICE: “PROPORTIONALITY IS NOT JUST ABOUT REDUCING COSTS TO THE LOWEST POSSIBLE FIGURE”
In Ferko v Ealing Magistrates Court & Ors [2024] EWHC 3297 (Admin) Mr Justice Sweeting carried out a summary assessment. In doing so he set out some key principles in relation to the assessment of costs. In particular issues relating…
COST BITES 202: THE DIFFICULTY (IF NOT IMPOSSIBILITY) OF PROVING AN “IMPLIED RETAINER” PRIOR TO LEGAL HELP BEING OBTAINED
In Cooke & Ors v Woodchurch House Ltd (Rev1) [2023] EWHC 3318 (SCCO) Deputy Costs Judge Bedford considered an argument that there was an “implied retainer” which permitted the claimants to recover costs prior to Legal Help being obtained. The…
SOLICITOR AND OWN CLIENT COSTS: KEEPING THE CLIENT INFORMED: AN ASSESSESSMENT WHERE THE AMOUNTS IN QUESTION WERE NOT APPROVED BY THE CLIENT
The judgment of Costs Judge Nagalingam in Underhill v Thackray Williams Solicitors [2024] EWHC 3206 (SCCO) could well serve as an object lesson in the need for a solicitor to keep their client informed of developments in costs and to…
COST BITES 200: THE COURT WOULD NOT DEFER THE PAYMENT OF COSTS FOLLOWING AN INTERIM HEARING
In Brierley v Howe & Anor (Re Costs – 36 Bourne Street Ltd) [2024] EWHC 2983 ICC Judge Barber rejected a petitioner’s argument that payment of costs following an interlocutory hearing should be delayed or deferred. The judgment is a…
DELEGATION IN LITIGATION: A CASE TO POINT – AND A WEBINAR ON THE 9th DECEMBER 2024
It is often the function, if not the duty, of someone who writes about civil procedure to look at a decision and then extract the most uninteresting aspect of the case for wider publication. I am doing this in relation…
THE SOLICITORS ACT AND CHALLENGING INTERIM BILLS: THE SUPREME COURT HAS REFUSED PERMISSION TO APPEAL IN SIGNATURE LITIGATION
In Signature Litigation LLP v Ivanishvili [2024] EWCA Civ 901 the Court of Appeal upheld an earlier decision of Costs Judge Leonard that a series of bills rendered by the appellant solicitors were not interim statute bills. That meant that the bills, totalling,…
COST BITES 197: ANOTHER ROUND IN THE MEDICAL REPORT/AGENCY FEE SAGA: IT WAS NOT PROPORTIONAL TO ORDER A BREAKDOWN OF THE FEE
I am grateful to Brian Dempsey of BD Costs for sending me a copy of the judgment of District Judge Iyer in the case of Craven -v- Henley, a copy of which is available here Craven -v- Henley. It is a decision…
COST BITES 196: COSTS IN A FAMILY CASE: “EVERY POUND THEY SPEND FIGHTING EACH OTHER IS A POUND THAT WILL NOT BE AVAILABLE FOR THEM AND THEIR CHILDREN”
In LI v FT (Maintenance Pending Suit: Costs) [2024] EWFC 342 Deputy District Judge Harrop made some important remarks in relation to the amount spent in bringing, and defending, an application for maintenance spending suit. “I am dismayed by what…
COST BITES 195: THE IMPORTANCE OF KEEPING TO COSTS BUDGETS: “GOOD REASONS” FOR DEPARTING AND PART 36 ISSUES
In A & V Building Solution Ltd v J & B Hopkins Ltd [2024] EWHC 2914 (TCC) Mr Roger Ter Haar KC considered the circumstances in which a successful party can go outside the scope of budgeted costs. “……
COST BITES 194: CLAIMANT WHO SUCCEEDED ON SOME, BUT NOT ALL, ISSUES AWARDED COSTS ON THE STANDARD BASIS
In FXS v The Mulberry Bush Organisation Ltd [2024] EWHC 2844 (KB) Margaret Obi, sitting as a High Court Judge, considered issues of costs where a claimant had not succeeded in establishing negligence at trial but was successful on other…
COST BITES 191: COSTS BILL REDUCED TO NIL BECAUSE OF MISCONDUCT ON ASSESSMENT: “THIS IS THE WORSE EXAMPLE OF TAMPERING WITH A FILE OF PAPERS THAT I HAVE EVER ENCOUNTERED”
I am grateful to Simon Gibbs of GWS Costs for sending me a copy of the judgment of Costs Judge James in Kapoor -v- Johal [2024] EWHC 2853 (SCCO). The judge made findings of serious misconduct by the receiving party…
COST BITES 190: INTERIM STATUTE BILLS, DISCOUNTED CFA ARRANGEMENTS AND PARALLEL REALITY- A DIFFICULT MIXTURE
In Blue Manchester Ltd v Howard Kennedy LLP [2024] EWHC 2823 (SCCO) Costs Judge Nagalingham considered the issue of whether interim bills sent out under the terms of a discounted CFA. The judge found that interim bills rendered in these…
WEBINAR ON NON-PARTY COSTS ORDERS: 5th NOVEMBER 2024
My colleagues Steven Turner and Andrew Hogan are presenting a free webinar on the 5th November on Non-Party Costs Orders. Booking details are available here. The webinar considers the law practice and procedure relating to non-party costs orders in the context…
COST BITES 187: SUPREME COURT OVERTURNS COURT OF APPEAL DECISION IN MENZIES -v- OAKWOOD: THE BILL CAN GO FORWARD FOR ASSESSMENT
In the judgment today in Oakwood Solicitors Ltd (Respondent) v Menzies (Appellant) [2024] UKSC 34 the Supreme Court overturned the Court of Appeal decision. The upshot of this is that there will now be an assessment of the solicitor/own client…
FISH FILES, LITIGATORS AND LITIGATION: GET BY WITH A LITTLE HELP FROM YOUR FRIENDS…
I have a strong suspicion that “fish files” form a considerable percentage of the cases that are written about on this blog. It is an issue that has been looked at several times in the past. A “fish file” is…
COST BITES 183: A SERIES OF BILLS WERE NOT STATUTE BILLS: “CHAMBERLAIN” NOT ENGAGED: THE JUDGE WOULD HAVE FOUND “SPECIAL REASONS” TO ALLOW ASSESSMENT IN ANY EVENT
In Guest Supplies Intl Ltd v Spector Constant & Williams Limited [2024] EWHC 2450 (SCCO) Costs Judge Nagalingam decided that a series of bills sent by a solicitor were not statutory bills, neither were they “Chamberlain bills”. In any event…
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