STRIKING OUT POINTS OF DISPUTE BECAUSE OF LACK OF PARTICULARISATION: PARTIES HAVE TO KNOW WHAT IS IN DISPUTE AND WHY
In Ainsworth v Stewarts Law LLP [2020] EWCA Civ 178 the Court of Appeal upheld a decision striking out part of points of dispute. “Common sense dictates that the points of dispute must be drafted in a way which enables…
NO PROTECTIVE COSTS ORDER FOR APPELLANT IN ACCOMMODATION APPEAL: COURT OF APPEAL DECISION TODAY
In the judgment in Swift v Carpenter [2020] EWCA Civ 165 today the Court of Appeal rejected the claimant’s application for a Protected Costs Order. There are important observations on (i) the scope of Protected Costs Orders; (ii) the exercise…
THE SET OFF OF COSTS AND QOCS: A HIGH COURT DECISION: THE COURT HAS A DISCRETION TO SET OFF COSTS – BUT ON THE FACTS OF THIS CASE WOULD NOT DO SO
In the judgment given this morning in Faulkner -v- Secretary of State for Energy and Industrial Strategy [2020] EWHC 296 (QB) Mr Justice Turner considered the issue of whether a defendant, ordered to pay costs when failing in an application…
CLAIMANT’S MEDICAL EXPERT ORDERED TO PAY DEFENDANT’S COSTS: EXPERTS PLEASE NOTE (EXPERTS’ INSURERS NOTE CAREFULLY)
In Thimmaya -v- Lancashire NHS Foundation Trust (30th January 2020, Manchester County Court) HHJ Claire Evans ordered that a medical expert pay a significant part of the defendant’s costs when she found that the expert had failed in his duties…
FIXED COSTS OUSTED BY AGREEMENT: INSURER HAS TO STAND BY THE DEAL IT STRUCK
I am grateful to barrister Andrew Roy for sending me a copy of the decision of District Judge Baldwin (sitting as a Regional Costs Judge) in Turner -v- Cole (16th December 2019). It is a case where the judge held…
INDEMNITY COSTS ON THE GROUNDS OF CONDUCT: FAILURE TO BEAT A DEFENDANT’S PART 36 OFFER: A GARDEN THAT GETS MORE AND MORE EXPENSIVE…
The Court of Appeal decision in Lejonvarn v Burgess & Anor [2020] EWCA Civ 114 is the second time this case, about a garden, has been on appeal. On this occasion the Court of Appeal held that the claimants’ conduct…
LATE COSTS BUDGET: RELIEF FROM SANCTIONS GRANTED: DEFENDANT DROPPED THE BALL BUT THIS WAS FORGIVABLE
In Manchester Shipping Ltd v Balfour Shipping Ltd & Anor [2020] EWHC 164 (Comm) Lionel Persey QC (sitting as a Deputy High Court Judge) granted relief from sanctions to a defendant who had filed a costs budget late. The case…
BILL OF COSTS STRUCK OUT IN FIXED COSTS CASE: CPR 36.20(11) GIVES RISE TO A “DIFFERENT, SELF-CONTAINED PROCEDURE” FOR DISPUTES AS TO DISBURSEMENTS
In Nema v Kirkland [2019] EWHC B15 (Costs) Master Leonard struck out a claimant’s bill of costs on the grounds that the action was subject to the fixed costs regime and an assessment should never have been sought. The rules…
THE COSTS OF PRE-ACTION DISCLOSURE: IS IT WORTH THE RISK? £40,000 SPENT IN COSTS FOR DOCUMENTS THAT WERE AVAILABLE UNDER GDPR
I am looking again at the decision in Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB). This time I am looking at the order in relation to costs. The application cost in excess of £40,000 in relation to…
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – JANUARY 2020
Links and articles to blog posts and articles available online in January 2020 Costs Costs Barrister Conditional fee agreements and contentious business agreements Association for Costs Lawyers Oversight regulator praises CLSB’s “considerable progress” Association for Costs Lawyers Offer acceptance applied only to accident…
A BAD DAY IN COURT FOR THE CLAIMANT’S SOLICITORS: COMPLICATED, OH SO COMPLICATED CFA AGREEMENTS: BREACHES OF THE INDEMNITY PRINCIPLE AND MISCONDUCT ON ASSESSMENT: AGREEMENTS “SO DARKLY PENNED AS TO BE INCOMPREHENSIBLE”
The judgment of Deputy Master Friston in Anthony v Collins [2020] EWHC B14 (Costs) makes for interesting reading. A highly complex series of conditional fee agreements were held to be in breach of the indemnity principle. There are important lessons…
ARGUMENT THAT FIXED COSTS APPLIED GETS A BUMPY RIDE: PROTOCOL DOES NOT APPLY TO HIGHWAYS CASE
I am grateful to barrister James Bentley for drawing my attention to the judgment in Bateman v Devon County Council (HHJ Mitchell, Plymouth County Court, 2nd September 2019) in which it was decided that fixed costs did not apply to a…
PERSONAL INJURY CASES WHERE THE DEFENDANT IS NOT INSURED AND HAS NO ASSETS: LOOK TO THE CLAIMANT’S OWN INSURANCE POLICY
Periodically I repeat the second ever post on this blog. This related to the (surprising to many) fact that it may be possible for a claimant with an unsatisfied judgment to recover damages from their own domestic insurance policy. …
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – DECEMBER 2019
Links and articles to blog posts and articles available online from December 2019. Costs Costs Barrister Cash flow and catastrophic personal injury litigation Costs Barrister Fixed costs and translation fees Association for Costs Lawyers Court can order costs in foreign…
2019 AND CIVIL PROCEDURE – A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT…
There have been a series of annual reviews on key topics throughout December. To round off the year it seemed a good idea to provide a reminder of them all and put the links in one place 2019 AND CIVIL…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: COMMITTAL PROCEEDINGS: “THE KANGAROO COURTS OF THE JUSTICE SYSTEM”
In January I wrote “I am starting to lose count of the number of times the Court of Appeal has overturned decisions committing people to prison because of very basic and fundamental failures of procedure. It is as though all…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: COSTS BUDGETING
This year has been relatively quiet on the costs budgeting front. There have been some rule changes and two cases which highlight how difficult it is to appeal a costs budgeting decision. JULY:AN OFFER AS TO COSTS DOES NOT BECOME…
APPEALING A PROVISIONAL ASSESSMENT IS NOT A JAMBOREE: APPELLANT HAS TO STATE WHAT THEY ARE APPEALING AND HEARING IS CONFINED TO THOSE MATTERS
In PME v The Scout Association [2019] EWHC 3421 (QB) Mr Justice Stewart upheld the decision of Master Leonard in relation to the scope of an appeal from a costs officer. “The consequences of the Appellant’s case are wholly undesirable….
COSTS AGAINST A NON-PARTY: THE PRINCIPLES CONSIDERED AND APPLIED
I am grateful to Colm Nugent for sending me a copy of the decision of Veronique Buehrlen Q.C in Rubiera -v- Building & Handyman Group Ltd (13th December 2019). It relates to a non-part costs order being made against a…
CIVIL PROCEDURE BACK TO BASICS 75: COSTS BUDGETING: COUNSEL’S BRIEF FEE NOW PART OF THE TRIAL PREPARATION PHASE
Judging from the reaction of my opponent (and the judge) at a CCMC I attended today a change in the rules introduced on 1st October 2019 could benefit from wider publication. On the 1st October 2019 Counsel’s brief fee is…