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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Assessment of Costs » Page 9

ANOTHER CASE OF INDEMNITY COSTS BECAUSE OF A REFUSAL TO MEDIATE

January 16, 2016 · by gexall · in Assessment of Costs, Conduct, Costs, Mediation & ADR, Members Content, Uncategorized

The decision on Master Simons in Bristow  -v- The Princess Alexander Hospital NHS Trust [2015] EWHC B22 (Costs) contains examples of two mistakes that can be made on assessment of costs. The most telling is the defendant’s failure to respond…

FIXED COSTS, PART 36 AND THE PROTOCOL: A DIFFERENT OUTCOME

January 12, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Members Content, Part 36, Uncategorized

NB this decision was upheld by the Court of Appeal. Broadhurst -v- Tan [2016] EWCA Civ 94. The post earlier today on fixed costs after Part 36 offers led Benjamin Williams QC to, kindly, send me a decision of Smith -v-…

FIXED COSTS AND CLAIMANT'S PART 36 OFFERS

January 12, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Damages, Members Content, Part 36, Uncategorized

This case must be read with the Court of decision in Broadhurst -v- Tan [2016] EWCA Civ 94.  This effectively overrides this decision. Fixed costs do not apply when indemnity costs are ordered.  There is a report, helpfully put online by…

TEN NEW YEAR'S RESOLUTIONS FOR LITIGATORS IN 2016

December 31, 2015 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Costs, Costs budgeting, Credibility of experts, Damages, Disclosure, Expert evidence, Members Content, Professional negligence,, Proportionality, Relief from sanctions, Risks of litigation, Service of the claim form, Statements of Case, Uncategorized, Witness statements

Some resolutions to keep you prosperous and out of difficulties in 2016. (Happy New Year) 1. NEVER, EVER, GUESS ABOUT A LIMITATION PERIOD (OR TAKE A CLIENT’S WORD FOR IT) Litigators of all types must have a clear idea about…

CIVIL LITIGATION REVIEW OF 2015: POETRY, CARPET BOMBING AND DISAPPEARING EXPERTS

December 27, 2015 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Costs, Costs budgeting, Credibility of experts, Expert evidence, Members Content, QOCS, Relief from sanctions, Uncategorized

We civil litigators cannot be left out of the, apparently universal, need for  an annual review. The annual review last year was headed with the words “prolixity”, “sanctions” and creative writing.  Here we look at poetry, carpet bombing and disappearing…

CHILDREN AND SUCCESS FEES 3: APPEAL WITHDRAWN

December 15, 2015 · by gexall · in Assessment of Costs, Conduct, Costs, Damages, Members Content, Uncategorized

Earlier posts looked at the decision of Regional Cost Judge Lumb in A & B -v- The Royal Mail Group  [2015] EW Misc B24(CC)(14th August 2015). The second judgment on costs is now available on Bailli. These posts deal with deduction of…

CLAIMANT CAN RECOVER COSTS AGAINST A DEFENDANT NOT NAMED IN THE CFA

December 2, 2015 · by gexall · in Assessment of Costs, Conditional Fee Agreements, Conduct, Costs, Members Content, Uncategorized

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

November 30, 2015 · by gexall · in Applications, Assessment of Costs, Bundles, Civil evidence, Costs, Members Content, Part 36, Uncategorized, Witness statements

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

November 29, 2015 · by gexall · in Assessment of Costs, Civil Procedure, Members Content, Serving documents, Uncategorized

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

November 25, 2015 · by gexall · in Assessment of Costs, Costs, Fatal Accidents, Members Content, Uncategorized

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

November 11, 2015 · by gexall · in Assessment of Costs, Conduct, Costs, Members Content, Uncategorized

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

November 11, 2015 · by gexall · in Assessment of Costs, Members Content, Proportionality, Uncategorized

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

October 31, 2015 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Members Content, Uncategorized

“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

October 9, 2015 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Uncategorized

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

October 7, 2015 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Uncategorized

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

September 16, 2015 · by gexall · in Assessment of Costs, Costs, Members Content, Uncategorized

 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

September 4, 2015 · by gexall · in Assessment of Costs, Conditional Fee Agreements, Costs, Members Content, Uncategorized

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

August 26, 2015 · by gexall · in Assessment of Costs, Conduct, Costs, Members Content, Uncategorized

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

August 17, 2015 · by gexall · in Assessment of Costs, Costs, Members Content, Uncategorized

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

August 14, 2015 · by gexall · in Assessment of Costs, Costs, Insurance premiums, Members Content, Success Fees, Uncategorized

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

August 13, 2015 · by gexall · in Assessment of Costs, Costs, Members Content, Uncategorized, Useful links

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…

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  • COMMITTAL PROCEEDINGS "BROUGHT FOR COLLATERAL PURPOSES" DISMISSED: NOTICE TO SHOW CAUSE ISSUED AGAINST THE CLAIMANT'S SOLICITORS: WHY THIS IS A VERY DANGEROUS STRATEGY
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