SUMMARY ASSESSMENT OF COSTS: WHAT TO DO IF YOU ARE PRESSED FOR TIME
I am looking again at the judgment of HHJ Hodge QC in Cohen v Fine & Ors [2020] EWHC 3278 (Ch) a because, in concentrating on the issues relating to hourly rates, the other important part of the judgment may…
HOURLY RATES ALLOWED SHOULD BE INCREASED, AT LEAST, BY INFLATION: APPEAL AGAINST SUMMARY ASSESSMENT OF COSTS ALLOWED.
I am grateful to Sean Linley for drawing my attention to the judgment of HHJ Hodge QC in Cohen v Fine & Ors [2020] EWHC 3278 (Ch).That judgment has some interesting things to say in relation to current hourly rates…
INDEMNITY COSTS AFTER A JUDGMENT DEBTOR WAS EXAMINED: IN ADDITION THERE IS GOING TO BE A SECOND MATCH…
In Shearer v Neal [2020] EWHC 3148 (QB) Deputy Master Hill QC ordered that a debtor pay costs on the indemnity basis after she heard a Part 71 hearing. The case was also remitted to the High Court Judge on…
COURT OF APPEAL CONSIDERS AWARD FOR AS TO COSTS ON ACCOUNT: WHAT IS A “REASONABLE SUM”? (£325,000 IN THIS CASE)
In Mousavi-Khalkali v Abrishamchi & Anor [2020] EWCA Civ 1493 we have a rare case of the Court of Appeal considering an appeal on an order that a party pay a sum on account of costs. THE CASE The Court…
SWIFT -v- CARPENTER: THE SUBSEQUENT COSTS JUDGMENT: AN ADDITIONAL £65,095.65; INDEMNITY COSTS & INCREASED INTERESTS: THE WISDOM OF MAKING A PART 36 OFFER WHEN APPEALING
On the day when it is announced that the Court of Appeal refused permission to appeal in the case of Swift -v- Carpenter it is interesting to look at the subsequent judgment on costs given today in Swift v Carpenter…
SECOND DEFENDANT ORDERED TO PAY COSTS CLAIMANT INCURRED IN PURSUING FIRST DEFENDANT: AN UNUSUAL CASE
In Patel v Barlows & Ors (No. 2) [2020] EWHC 2795 (Ch) HHJ Mithani QC (sitting as a High Court judge) found that a defendant was liable to pay the costs of another defendant where the claimant had had to…
COSTS: “ROLLED UP” OFFER OF SETTLEMENT, INCLUDING COSTS DID NOT GIVE A DEFENDANT ANY PROTECTION
The judgment of Mr Justice Freedman in Comberg v VivoPower International Services Ltd & Anor [2020] EWHC 2787 (QB) contains many interesting observations in relation to damages, mitigation and costs. Here I want to isolate one element – the fact…
THE DANGERS OF APPLYING FOR NON-PARTY COSTS ORDERS: THE APPLICANT HAS TO PAY THE PRICE: COURT OF APPEAL DECISION TODAY
In the judgment today in Deepchand & Anor v Sooben [2020] EWCA Civ 1409 the Court of Appeal overturned a decision that there be no order for costs when a party made an unsuccessful application for a non-party costs order. …
SOLICITOR’S FEES NOT RECOVERABLE AFTER THEY HAD TERMINATED THE CONDITIONAL FEE AGREEMENT: HIGH COURT DECISION
In Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) Mr Justice Griffiths dismissed a solicitor’s appeal against a decision that he was not able to recover costs from a client after a conditional fee agreement had been terminated….
SOLICITOR AND OWN CLIENT COSTS: NO SENSE OF PROPORTIONALITY HERE: SOME BASIC POINTS ON BILLS
In Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) the parties were arguing about £385.40. The judge observed “According to their statements of costs, the Claimant and the Defendant have spent £52,575.63 and £35,139.70 respectively on this appeal. That…
THE SOLICITOR’S FIDUCIARY DUTY TO THE CLIENT TO EXPLAIN COSTS: FAILURE TO PLACE CAP ON SUCCESS FEE MEANT AGREEMENT WAS UNENFORCEABLE: HIGH COURT DECISION
In Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) Mr Justice Lavender allowed an appeal whereby a firm of solicitors acting on behalf of a claimant were permitted to deduct 25% of the damages in addition to payment…
DEFENDANT’S CONDUCT LEADS TO NO ORDER FOR COSTS ON CLAIMANT’S DISCONTINUANCE: A DEED NOT SENT IN TIME
In Hewson v Wells & Ors [2020] EWHC 2722 (Ch) Master Clark varied the usual rule and made no order for costs following the claimant’s discontinuance. “In my judgment, the change in circumstances was brought about by unreasonable behaviour…
GUIDELINE HOURLY RATES (NOT MUCH USE); CANARY WHARF (EXPENSIVE PLACE TO BE); EVIDENCE AND THE SEVEN PILLARS OF WISDOM (ALL FOR £750 AN HOUR)
I am grateful to Tom Jenkinson from Bolt Burdon Kemp for sending me a copy of the decision of Master Rowley in Shulman -v- Kolomoisky (24/06/20) where the issue of the guideline hourly rates was determined. A copy of the…
WE LOST, BUT WE STILL WANT 90% OF OUR COSTS: CLAIMANT’S UNSUCCESSFUL APPEAL: A DEVELOPING FIELD OF LAW?
The judgment of Mr Justice Miles in Terracorp Ltd v Mistry & Ors (Rev 1) [2020] EWHC 2623 (Ch) contains an interesting review of the principles relating to costs where a party has failed on a number of issues. It…
COSTS ORDERED AGAINST ONE DEFENDANT WHEN CLAIMANT HAD SETTLED AGAINST ANOTHER: A DEFENDANT’S UNSUCCESSFUL APPEAL
In Oberholster v Optical Express Ltd & Anor [2020] EWHC 2635 (QB) Mr Justice Freedman dismissed a defendant’s appeal against a costs order against it. The case deals with the problematic issue of costs if a claimant settles the claim…
PROPORTIONAL COSTS: THE LITIGATOR’S WATCHWORDS: 12 PRACTICAL STEPS FOR THE PRUDENT LAWYER…
The issue of “proportionality” is central to contemporary litigation. However it is rarely examined in detail and rarely discussed. Attempts to analyse how proportionality can be achieved are even rarer. Here I reprise some points made several years ago about…
GUIDELINE HOURLY RATES CONSIDERED IN COURT OF PROTECTION: INFLATION CAN BE TAKEN INTO ACCOUNT ON ASSESSMENT
In PLK & Ors (Court of Protection : Costs) [2020] EWHC B28 (Costs) Master Whalan considered the appropriate hourly rate for Deputies in Court of Protection matters. (I am grateful to Carter Burnett, Costs Consultants, for bringing my attention to…
FUNDAMENTAL DISHONESTY AND WASTED COSTS AGAINST A SOLICITOR: THE BURDEN IS ON THE APPLICANT TO PROVE CAUSATION
The judgment of Mrs Justice Lambert in Razaq v Iqbal & Ors [2019] EWHC 3924 (QB) provides an interesting example of a failure to prove causation in a wasted costs application. A solicitor had been negligent in failing to pass…
FATAL ACCIDENT: LEGAL COSTS OF ATTENDING INQUEST WERE RECOVERABLE: THE DANGERS TO DEFENDANTS OF MAKING AN EQUIVOCAL “ADMISSION”
In the judgment today in Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) HHJ Pearce upheld a decision that the legal costs incurred in attending an inquest were recoverable as costs in a subsequent action for…
COURT MAKES 5% REDUCTION IN SUCCESSFUL CLAIMANT’S COSTS RATHER THAN AN ISSUE BASED COSTS ORDER
This is the fourth look this blog looks at the judgment in Essex County Council v UBB Waste (Essex) Ltd (No. 3) [2020] EWHC 2387. This time we are looking at the question of whether there should be a deduction in…