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

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

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

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 1: USE OF A PARTNER IN A BOUTIQUE FIRM CAN LEAD TO LOWER COSTS

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

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

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…

QOCS APPLIES TO LEGALLY AIDED CASES: HIGH COURT DECISION

QOCS APPLIES TO LEGALLY AIDED CASES: HIGH COURT DECISION

In Macaulay v Karim & Anor [2022] EWHC 1270 (SCCO) Senior Costs Judge Gordon-Saker found that a legally aided claimant had the protection of QOCS.  A defendant who had a costs order in its favour could not enforce that order…