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…
PART 36: FIXED COSTS AND THE TRANSITIONAL PROVISIONS: DELAY IN ISSUING COSTS PROCEEDINGS MEANT THAT CLAIMANT’S COSTS WERE ASSESSED AT NIL
In Bi -v- Tesco Underwriting Limited HHJ Sephton KC found that the claimant’s delay in issuing costs proceedings meant that the costs were subject to the fixed costs provisions and should be assessed at nil. I am grateful to barrister…
COST BITES 182: ANOTHER CASE OF A CLAIMANT PAYING THE COSTS OF A BUDGETING HEARING BECAUSE OF AN UNREALISTIC APPROACH
In Jenkins v Thurrock Council [2024] EWHC 2248 (KB) Master Thornett revisited the principles considered in Worcester v Hopley [2024] EWHC 2181 (KB) It was held that the claimant’s unrealistic figures in a costs budget should lead to the claimant paying…
COST BITES 179: CHALLENGING A PROVISIONAL ASSESSMENT: CLAIMANT’S FAILURE TO COMPLY WITH THE RULES LEADS TO CHALLENGE BEING REJECTED
In Christodoulides v Holbech [2024] EWHC 2172 (SCCO) Deputy Costs Judge Roy KC refused a claimant’s application to revisit a provisional assessment. The claimant (the paying party) had not complied with the rules when attempting to challenge the bill and…
COST BITES 178: VALIDITY AND ENFORCEABILITY OF CONTENTIOUS BUSINESS AGREEMENT UPHELD ON APPEAL
In Finnan v Candey Ltd [2024] EWHC 2157 (Ch) HHJ Cadwaller dismissed an appeal against a finding that a solicitor and client had entered into a valid contentious business agreement. The judge held that the finding below, that the appellant…
COST BITES 176: A WARNING TO ALL WOULD BE INTERVENORS IN CIVIL PROCEEDINGS: IT COULD BE COSTLY (£110,000 IN THIS CASE)
In Betta Oceanway Company v SC Tomini Trading SR (Re Costs) [2024] EWHC 2068 (Comm) Mr Stephen Hofmeyr KC (sitting as a Deputy Judge of the High Court) held that a person who unsuccessfully sought to intervene in civil proceedings…
COST BUDGETS, VARIATIONS AND “SIGNIFICANT DEVELOPMENTS”: JUDGE REFUSES TO REVISE THE BUDGET AFTER TRIAL
In Rahman v Hassan & Ors (Re Consequential Matters) [2024] EWHC 2038 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) refused the claimant’s application that the budget be revised after the trial. The judge held that the matters relied…
COST BITES 175: SOLICITOR’S BILLS WERE NOT INTERIM STATUTE BILLS AND COULD BE ASSESSED: COURT OF APPEAL DECISION TODAY
In the judgment today 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…
COSTS AFTER A CLAIMANT FAILS ON CLAIM FORM POINTS: SUCCESSFUL DEFENDANTS GET (MOST) OF THEIR COSTS
In Wragg & Ors v Opel Automobile GmbH & Ors [2024] EWHC 1909 (KB) Mr Justice Constable considered issues of costs after the claimants had failed on appeal on late service/extensions of time claim form issues. “Doing justice between the…
COST BITES 173: VARYING A COSTS BUDGET “AFTER THE EVENT”: IF THE APPLICATION WAS NOT “PROMPT” THE BUDGET WILL NOT BE VARIED
We are looking again at the decision in Khokan v Nirjhor (Re Costs) [2024] EWHC 1873 (KB), this time on the issue of costs budgeting. The judge considered the defendant’s budget in unusual circumstances. The claimant’s case had been struck…
COST BITES 171: DEFENDANT WHO RECEIVED LEGAL AID TO DEFEND CIVIL COMMITTAL PROCEEDINGS CAN ONLY RECOVER COSTS AT LEGAL AID RATES
The judgment of Costs Judge Whalan in MBR Acres Ltd & Ors v McGivern [2024] EWHC 1869 (SCCO) highlights an issue that has been on this blog before. A party who obtains legal aid to defendant civil committal proceedings cannot…
“UNNECESSARILY ARGUMENTATIVE OR WASTEFUL CORRESPONDENCE” NOT COUNTENANCED IN COSTS BUDGETING: “IT TAKES TWO TO TANGO”
The post earlier this morning on “intemperate” comments in court documents and correspondence reminded me that I meant to highlight a particular aspect of the judgment in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB). The judgment highlights that unnecessarily argumentative…
COST (MEGA) BITES 166: AN EXAUSTING CASE (iii): “THE CLAIMANTS’ APPROACH TO BUDGETING IS REDOLENT OF FINANCIAL INCONTINENCE”
The general observations made about the budgets in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB) is of importance. The court was particularly scathing of the claimants’ budget. It also rejected the claimants’ contention that the defendants’ budget had been artificially…
COST (MEGA) BITES 165: AN EXHAUSTING CASE (ii): PROPORTIONALITY WHERE THE CLAIMANTS CLAIM THE CASE IS WORTH £6 BILLION: THE PARTIES ARE NOT HANDED A BLANK CHEQUE FOR THE PURPOSE OF RECOVERABLE COSTS
We are continuing with the examination of the judgment of Mr Justice Constable and Senior Costs Judge Saker in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB). This time by looking at the court’s consideration of issues of proportionality when…
COSTS BITES 161: WHAT TYPE OF BILL IS THIS? STATUTE BILLS OR INTERIM BILLS? THE SOLICITOR COULD EASILY HAVE SOLVED THE PROBLEM BY CLEAR DRAFTING IN THE RETAINER
The importance of careful drafting in a client retainer can be seen in the judgment of Costs Judge Whalan in Stella v Hodge Jones & Allan LLP [2024] EWHC 1704 (SCCO). The case concerned an issue about whether interim bills…
COST BITES 160: SOLICITOR AND OWN CLIENT ASSESSMENTS AND THE IMPORTANCE OF “ESTIMATES” OF COSTS
We are looking for the third time at the judgment in St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB). One of the issues that the (former) client raised was the absence of any accurate estimate in relation to costs…
COST BITES 159: DEDUCTING COSTS FROM THE CLIENT’S DAMAGES: THE GOLDEN RULE – THAT THE CLIENT SHOULD BE KEPT INFORMED
We are looking again at the judgment in St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB). The judge considered the question of whether the client had been informed that the budget had been exceeded and that the solicitors…
COST BITES 158: SOLICITOR WAS ONLY ENTITLED TO SUCCESS FEE AND NO FURTHER COSTS: HIGH COURT DECISION ON APPEAL
In St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB) Mr Justice Constable allowed an appeal against a decision that a solicitor was entitled to deduct additional costs from the claimant’s damages. The judge held that the terms of…
COST BITES 157: AGREEMENT AS TO COSTS BETWEEN CLIENT AND SOLICITOR WAS CONTRACTUALLY BINDING: APPLICATION FOR SOLICITORS ACT ASSESSMENT STRUCK OUT
NB THIS DECISION WAS OVERTURNED IN AN APPEAL BY CONSENT. SEE THE POST ON THE 8th JULY 2025 I am grateful to my colleague Kevin Latham for drawing my attention to the decision of Mr Justice Eyre in Holcroft v…
COST BITES 155: HOW PARTICULAR SHOULD POINTS OF DISPUTE BE? AINSWORTH PRINCIPLES APPLY TO INTERPARTES ASSESSMENTS
In Wazen v Khan [2024] EWHC 1083 (SCCO) Deputy Costs Judge Roy KC considered the question of how detailed and particularised points of dispute have to be. In particular whether the principles in Ainsworth v Stewarts Law LLP [2020] EWCA Civ…
COST BITES 154: SOLICITOR’S COSTS AND ESTIMATES: A CASE THAT EVERY PRIVATE CLIENT AND EVERY LITIGATOR SHOULD READ
If ever there was a graphic warning of the way that costs can escalate beyond estimates it can be found in the judgment of Costs Judge Leonard in Griffin v Kleyman & Co Solicitors Ltd *[2024] EWHC 1151 (SCCO). The judge rejected…
TRANSFER FROM PART 8 TO PART 7 REVISITED: IT CAN BE AN EXPENSIVE BUSINESS
There have been a lot of cases recently regarding the question of whether an action was properly issued using the Part 8 procedure. We looked at the case of ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) in…
COST BITES 153: ANOTHER ROUND IN THE BREAKDOWN OF MEDICAL REPORT FEES ONGOING SAGA: THE INVOICE SHOULD PROVIDE A BREAKDOWN
I am grateful to Simon Fisher from DWF for providing me with a copy of the judgment of Senior Costs Judge Gordon-Saker in CXR -v- Dome Holdings Limited, a copy of the judgment is available here CXR v Dome…
COST BITES 152: A PARTY MUST PROVIDE A SCHEDULE OF COSTS FOR A HEARING, EVEN IF IT DOESN’T EXPECT TO GET PAID
The judgment of Mr Justice Roth in Scenic International Group Ltd v Adenaike & Ors (Re Costs) [2024] EWHC 1178 (Ch) provides some important observations on the mandatory requirement for a party to produce a schedule of costs if it…
COSTS BUDGETING: ESSENTIAL GUIDANCE FROM COSTS JUDGE BROWN
Costs Judge Simon Brown has produced a Note to assist in the case management and costs budgeting process in Kings Bench Division involving high value personal injury claim. The purpose of the Note is to “provide a neutral approach to…
COST BITES 151: DOES QOCS APPLY TO DETAILED ASSESSMENT? YES IT DOES – BUT THE DEFENDANT HAS PERMISSION TO APPEAL
In Challis v Bradpiece [2024] EWHC 1124 (SCCO) Deputy Costs Judge Roy KC considered of whether a claimant had QOCS protection in detailed assessment. He concluded that the claimant continued to have costs protection. He accepted that the point was…
COST BITES 150: WAS THIS A COMPLIANT STATUTE BILL (NO IT WASN’T): PERSONAL INJURY LAWYERS BEWARE
In Hensley v Morris Law Ltd [2024] EWHC 1101 (SCCO) Costs Judge Rowley held that a bill provided by a claimant’s solicitor to their client was not a compliant bill. It is a judgment that emphasises the importance of the…
COST BITES 149: SOLICITORS ACT ASSESSMENT – WERE THESE STATUTE BILLS? (YES THEY WERE)
In Pickering v Thomas Mansfield Solicitors Ltd [2024] EWHC 1107 (SCCO) Costs Judge Brown found that a series of invoices rendered by the defendant solicitors were “statute bills”. He rejected an argument that the requirements for such bills had been…
COSTS – WHEN YOU SOMETIMES THINK THE WORLD HAS GONE MAD: SPEND £28,535 TO CHALLENGE AN ATE PREMIUM OF £392…
In Bendriss v Nicholson Jones Sutton Solicitors Ltd [2024] EWHC 1100 (SCCO) Costs Judge Rowley dismissed a claimant’s application for specific disclosure. One notable aspect of the application was that the claimant had spent £28,535 in respect of this one application in…
COST BITES 145: AGENCY SHOULD PROVIDE A BREAKDOWN OF FIGURES FOR COST OF A MEDICAL REPORT: “ANY AJUDICATION ON PROPORTIONALITY, IN ALL ITS COMPONENT PARTS, DEMANDS TRANSPARENCY”
I am grateful to barrister James Miller for sending me a copy of the decision of HHJ Saggerson in Amini-Edu -v- Esure Insurance Company Ltd (8th March 2024). A copy of the transcript is available here. ENA AMINU-EDU COSTS JUDGMENT…
COST BITES 144: SUMMARY ASSESSMENT, REDUCED FROM £42,267 TO £22,000: A CASE IN POINT
One of the aims of this series is to look at costs issues that would not normally be examined. This is so practitioners can get a “feel” as to what actually goes on in court. A good example of this…
THE GUIDELINE HOURLY RATES: SEE THEM HERE: UPDATED FOR 2026 RATES
The Guideline Hourly Rates changed on 1st January 2026. These are set out below. The 2025 and 2024 rates can be found underneath. Guideline hourly rates 2026 (with previous year’s rates in brackets) Grade Fee Earner London 1 London 2…
COST BITES 140: WANT TO SEE SUMMARY ASSESSMENT IN ACTION: “MANIFESTLY EXCESSIVE” COSTS SUBSTANTIALLY REDUCED EVEN WHEN COSTS WERE BEING ASSESSED ON THE INDEMNITY BASIS
In Alvina Collardeau v Michael Fuchs & Anor [2024] EWHC 642 (Fam) Mrs Justice Knowles summarily assessed the costs a committal application. The judgment is an interest example of the summary assessment of costs, with substantial reductions being made to…
COST BITES 136: COSTS JUDGE WAS RIGHT NOT TO ALLOW COSTS OF LEADING COUNSEL: DECISION UPHELD ON APPEAL
In Coram v DR Dunthorn & Son Ltd [2024] EWHC 672 (KB) Mrs Justice Yip, sitting with Costs Judge Nagalingam, upheld a decision not to award the costs of leading counsel on assessment of costs. “That is not to say…
COST BITES 135: COSTS OF SOLICITOR ATTENDING REHABILITATION CASE MANAGEMENTS – MAY BE RECOVERABLE, BUT IT DEPENDS…
In Hadley -v- Przybylo [2024] EWCA Civ 250 the Court of Appeal considered the issue of whether a solicitor in a personal injury case could recover the cost of attending rehabilitation case meetings. It was decided that the costs are potentially recoverable….
THE OFFERS WERE NOT PART 36 OFFERS: COURT COULD DETERMINE COSTS OF A PRELIMINARY TRIAL
In Holden v Holden & Anor [2024] EWHC 453 (Ch) Mr Nicholas Thompsell (sitting as a Deputy High Court Judge) considered offers made by the defendant to see whether they were in fact Part 36 offers. He held that they…
THE SUMMARY ASSESSMENT OF COSTS: A PRACTITIONER’S GUIDE: WEBINAR 18th MARCH 2024
We have seen several examples on this blog recently relating to the summary assessment of costs, in some cases the sums assessed have been substantial. This webinar on the 18th March 2024 looks at recent cases and then considers the…
THE COSTS JUDGE OVER YOUR SHOULDER 2024: MAXIMISING RECOVERY IN INTER PARTES COSTS: WEBINAR 12th MARCH 2024
There have been a number of interesting decisions over the past 12 months which deal with the assessment of costs. This webinar, on the 12th March 2024, looks at those decisions and the issues relating to ensuring maximum recover of…
COST BITES 133: £196,000 AWARDED ON A SUMMARY ASSESSMENT (IN A FAMILY CASE)
The judgment of Mrs Justice Arbuthnot in KS v VS [2024] EWHC 278 (Fam) shows why it is important that family lawyers are fully aware of the principles relating to inter-partes costs orders and also the procedures governing summary assessments. …
COST BITES 132: INTERIM PAYMENTS FOR COSTS AND COSTS OF A CONSEQUENTIAL HEARING
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Limited & Ors [2023] EWHC 2923 (Ch) Mr Justice Mellor considered issues relating to an interim payment on costs and whether a consequentials hearing should be assessed…
COST BITES 131: TIME LIMIT FOR ASSESSMENT EXTENDED WHEN BENEFICIARY CHALLENGES COSTS: COURT OF APPEAL DECISION TODAY
I am grateful to barrister Alicia Tew for sending me a copy of the Court of Appeal decision today in Kenig v Thomson Snell & Passmore Llp [2023] EWHC 181 (SCCO). The Court considered the question of whether the costs judge…
COST BITES 130: WHAT COSTS ARE RECOVERABLE WHEN A CLIENT SACKS A SOLICITOR WORKING UNDER A CFA? STICK OR TWIST
The judgment of Senior Costs Judge Gordon-Saker in Sellers v Simpkins [2023] EWHC 3296 (SCCO) considers the issue of what costs a client is due to pay when they have terminated the retainer with a solicitor acting under a CFA….
COST BITES 127: DO THE GUIDELINE HOURLY RATES APPLY IN FAMILY PROCEEDINGS?
In H v GH [2023] EWFC 235 Simon Kolton KC (sitting as a Deputy High Court Judge) considered the question of whether the guideline hourly rates applied in family proceedings. He held that whilst, strictly, the rates may not apply…
COST BITES 126: THE SUMMARY ASSESSMENT OF COSTS: THE IMPACT OF HOME WORKING: CAN THE HOURLY RATES BE UPRATED ON THE BASIS OF WHERE THE FEE EARNER LIVES (AND WORKS)
There are several interesting aspects to the judgment of HHJ Matthews (sitting as a High Court Judge) in Otto & Ors v Inner Mongolia Happy Lamb Catering Management Company Ltd & Ors [2023] EWHC 3151 (Ch). In particular the consideration…
PART 36 DOES NOT APPLY TO SOLICITORS ACT ASSESSMENTS: HIGH COURT DECISION (YESTERDAY)
In Zuhri v Vardags Ltd [2023] EWHC 3050 (SCCO) Costs Judge Leonard held that the provisions of CPR Part 36 do not apply to a Solicitors Act assessment of costs. However it may be relevant to Part 7 proceedings issued,…
COST BITES 121: SUMMARY ASSESSMENT OF COSTS: “TO AWARD A LOWER FIGURE JUST BECAUSE REDUCTIONS ARE OFTEN MADE WOULD BE WRONG”
One of the aims of the “Costs Bites” series is to look at those, apparently small, aspects of cases that have a major impact on the client. Short passages in a judgment can have a major impact on whether a…
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