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…

COST BITES 41: PREJUDGMENT INTEREST ON COSTS - CONSIDERED BUT REFUSED

COST BITES 41: PREJUDGMENT INTEREST ON COSTS – CONSIDERED BUT REFUSED

In Adcock & Ors v Blemain Finance Ltd [2022] EWHC 3280 (SCCO) Costs Judge Whalan considered, and rejected,  the claimants’ arguments that they should have pre-judgment interest on costs.   “It is clear nonetheless that the incipitur rule constitutes the…

FIRST  POST ON PART 36 IN 2023: IT WAS NOT UNJUST FOR THE DEFENDANTS TO BEAR THE NORMAL CONSEQUENCES OF FAILING TO BEAT CLAIMANTS' PART 36 OFFER

FIRST POST ON PART 36 IN 2023: IT WAS NOT UNJUST FOR THE DEFENDANTS TO BEAR THE NORMAL CONSEQUENCES OF FAILING TO BEAT CLAIMANTS’ PART 36 OFFER

In Von Westenholz & Ors v Gregson & Anor [2022] EWHC 3374 (Ch) Robin Vox, sitting as a Deputy High Court Judge, found that it was not unjust for the defendants to face the normal consequences of failing to beat…

WHEN THE DEFENDANTS FAILED TO BEAT THE CLAIMANTS' PART 36 OFFER, BUT MONEY IS NOT DUE IMMEDIATELY: WHAT ARE THE CONSEQUENCES?

WHEN THE DEFENDANTS FAILED TO BEAT THE CLAIMANTS’ PART 36 OFFER, BUT MONEY IS NOT DUE IMMEDIATELY: WHAT ARE THE CONSEQUENCES?

We are looking again at the judgment of Mr Justice Hildyard in Grant & Ors v FR Acquisitions Corporation (Europe) Ltd & Anor [2022] EWHC 3366 (Ch). Having determined that a valid and effective Part 36 offer had been made by…