A CAUTIONARY TALE FOR LITIGANTS: CLAIMANT ORDERED TO PAY £17,500 IN COSTS IN A SMALL CLAIMS TRACK CASE

A CAUTIONARY TALE FOR LITIGANTS: CLAIMANT ORDERED TO PAY £17,500 IN COSTS IN A SMALL CLAIMS TRACK CASE

I am grateful to barrister Ashley Blood-Halvorsen for bringing my attention to the judgment of District Judge Lumb in Reed -v- Boswell (06/12/2022) a copy of which is available here.   It is a rare example of costs being awarded against…

COST BITES 42: INDEMNITY COSTS, CONDUCT AND CORRECTING MISTAKES:  PROVIDING SUFFICIENT MATERIAL ON ASSESSMENT IS ESSENTIAL

COST BITES 42: INDEMNITY COSTS, CONDUCT AND CORRECTING MISTAKES: PROVIDING SUFFICIENT MATERIAL ON ASSESSMENT IS ESSENTIAL

In  Deutsche Bank AG v Sebastian Holdings Inc [2023] EWHC 9 (SCCO) Senior Costs Judge Gordon-Saker held that a claimant was only entitled to 70% of its costs of assessment.  There were difficulties in the way that the claimant had…

ANOTHER POTENTIAL BREACH OF AN EMBARGO ON A JUDGMENT: JUDGE DECIDES TO TAKE FURTHER ACTION TO INVESTIGATE

ANOTHER POTENTIAL BREACH OF AN EMBARGO ON A JUDGMENT: JUDGE DECIDES TO TAKE FURTHER ACTION TO INVESTIGATE

The judgment in  Wright v McCormack [2022] EWHC 3343 (KB) shows a variation on the risks of disclosing the contents of an embargoed judgment.  The claimant did not disclose the full judgment but various messages on social media could be…

APPLICATION FOR INDEMNITY COSTS CONSIDERED BUT NOT AWARDED: STILL A SIGNIFICANT LESSON FOR LITIGATORS (AND LITIGANTS) HERE

APPLICATION FOR INDEMNITY COSTS CONSIDERED BUT NOT AWARDED: STILL A SIGNIFICANT LESSON FOR LITIGATORS (AND LITIGANTS) HERE

In  Tejani v Fitzroy Place Residential Ltd & Ors (Re Costs and Interest) [2022] EWHC 3153 (TCC) Ms Vernonique Buehrlen K.C. (sitting as a High Court Judge) declined an application that an unsuccessful claimant pay the defendants’ costs on the…

PART 36: CONDUCT & REDUCTION OF CLAIMANT'S COSTS: A SETTLEMENT STRATEGY THAT WAS "COMPLETELY UNREALISTIC"

PART 36: CONDUCT & REDUCTION OF CLAIMANT’S COSTS: A SETTLEMENT STRATEGY THAT WAS “COMPLETELY UNREALISTIC”

In Moradi v The Home Office (Costs) [2022] EWHC 3125 (KB) HHJ Tindal (sitting as a High Court Judge) considered the appropriate costs consequences where a case settled on the eve of trial.  The defendant made a Part 36 offer…

COST BITES  32 : NON-PARTY COSTS ORDERS AGAINST DIRECTORS: A WORKING EXAMPLE

COST BITES 32 : NON-PARTY COSTS ORDERS AGAINST DIRECTORS: A WORKING EXAMPLE

In OCM Maritime Nile Llc & Anor v Courage Shipping Co & Ors [2022] EWHC 2696 (Comm) Sir Andrew Smith considered, and applied, the principles relating to non-party costs orders against directors. “I infer that the defence of the claims…

LAWYERS SHOULD NOT BE RUDE TO COURT STAFF (INDEED, NOT RUDE TO ANYONE): A WORRYING REPORT

LAWYERS SHOULD NOT BE RUDE TO COURT STAFF (INDEED, NOT RUDE TO ANYONE): A WORRYING REPORT

The Oxford Mail carries a story on the 4th November which is highly disturbing.  The headline says it all “Judge adjourns case for a week after reports of ‘barristers abusing court staff’” This, if established, is appalling behaviour. Rude, abhorrent…