COST BITES 118: LOOKING AT DETAILED ASSESSMENT (5): RECORDINGS MADE BY SOLICITORS NEED NOT BE DISCLOSED ON SOLICITOR & OWN CLIENT ASSESSMENT
We are returning to the issue of detailed assessments, albeit solicitor and own client assessments. In Turner v Coupland Cavendish Ltd [2023] EWHC 2721 (SCCO) Costs Judge Rowley dismissed an application for disclosure of recordings of telephone conversations between the…
COST BITES 117: THE COURT CAN ORDER A PAYMENT ON ACCOUNT OF COSTS WHERE THE SCHEDULE IS HIGH BUT NOT EXCESSIVE
In South Tees Development Corporation & Anor v PD Teesport Ltd & Anor (Re Costs) [2023] EWHC 2270 (Ch) Mr Justice Trower rejected an argument that a payment of account should not be made because the schedule in support was…
COST BITES 116: YOU CAN’T AVOID PAYING THE COSTS OF AN APPLICATION AND APPEAL JUST BECAUSE THEY WEREN’T IN THE COSTS BUDGET…
We have seen some “interesting” submissions in relation to costs on this blog. However one of the most novel is the point taken by the Third Party in South Tees Development Corporation & Anor v PD Teesport Ltd & Anor…
COST BITES 115: LOOKING AT DETAILED ASSESSMENTS (4): COSTS OF RESEARCH, NOTING BRIEFS AND PHOTOCOPYING
We are continuing with the series looking at detailed assessments by returning (not for the first, nor last) time to the judgment of Costs Judge Leonard in Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO). The…
GOOD COSTS SERVICE: UPDATED GUIDANCE FROM THE LEGAL OMBUDSMAN
Solicitor and own client costs disputes have featured on this blog many times. There have been several major cases in recent months. The issue of the information given to the client and their understanding of how, and how much, they…
INTERIM PAYMENTS ON ACCOUNT OF COSTS: RECEIVING PARTY CAN ASK (AND RECEIVE) MORE THAN ONCE
I am grateful to Sam Hayman from Bolt Burdon for sending me a note of the judgment of Master MCloud in Trotman -v- Master Brickwork London Essex Limited, a copy of which is available here. Trotman – final judgment of…
COST BITES 114: LOOKING AT DETAILED ASSESSMENTS (3): SCHEDULES OF DAMAGES UNDER THE MICROSCOPE: THEY HAVE NOT BEEN DRAFTED SYSTEMATICALLY, OR WITH PROPER CARE AND ATTENTION
We are continuing with the series where we look closely at what can happen at a detailed assessment and return to the judgment of Cost Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO). The judge…
COST BITES 113: LOOKING AT DETAILED ASSESSMENTS (2): HOURLY RATES: THE APPROPRIATE AMOUNT AND THE IMPACT OF COMPLEXITY
As part of the series looking closely at the judgment of Costs Judge Leonard in Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO). The judgment also contains a consideration of the factors affecting the assessment…
COST BITES 112: SOLICITORS BILL ASSESSED AT “NIL”: THE OMBUDSMAN’S INFORMAL RESOLUTION IS BINDING ON A SOLICITOR: PERMISSION WAS NEEDED TO REVISE THE BILL AND WOULD NEVER BE GIVEN
In Olukoya v Riverbrooke Solicitors Ltd [2023] EWHC 2771 (SCCO) Costs Judge Leonard assessed a solicitor’s bill as nil. The judge found that there was a binding contractual agreement as to the sums payable by the client following an informal…
COST BITES 111: LOOKING AT DETAILED ASSESSMENTS (1): YOU SHOULDN’T BE CLAIMING 62.3 HOURS FOR DRAFTING A LETTER OF CLAIM
It is surprising how few legal practitioners have actually been to a detailed assessment hearing, my own enquiries suggest it is a tiny fraction of litigators. A much higher percentage, however, have had cause to comment, possibly complain, about the…
COST BITES 110: THE IMPORTANCE OF ATTENDANCE NOTES: COUNSEL’S FEES INCLUDED
In Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO) Costs Judge Leonard emphasised the point that records of conferences and important steps in a case are important in relation to the assessment of costs….
COST BITES 109: SOLICITOR AND OWN CLIENT COSTS: A REVIEW OF THE AUTHORITIES
We are returning to the judgment of Senior Costs Judge Gordon-Saker in Kenton v Slee Blackwell PLC [2023] EWHC 2613 (SCCO) looked at in the previous post. That judgment also contained a detailed review of the authorities relating to the significance…
COST BITES 108: SOLICITOR AND OWN CLIENT COSTS: THE NEED FOR THE LAWYER TO GIVE ACCURATE ESTIMATES OF COST AND THE CONSEQUENCES OF INACCURACY (THIS DOES NOT END WELL FOR THE SOLICITOR)
The judgment of Senior Costs Judge Gordon-Saker in Kenton v Slee Blackwell PLC [2023] EWHC 2613 (SCCO) provides an object lesson in the perils of the clear warnings and advice that clients have to be given in relation to costs….
COST BITES 107: A NON-PARTY COSTS ORDER SHOULD NOT BE MADE AGAINST A SOLICITOR REPRESENTING A CLAIM ON A CFA BASIS: SEEKING A FINANCIAL BENEFIT DID NOT MEAN THEY WERE ACTING OUTSIDE THEIR ROLE AS SOLICITOR
I am grateful to Sam Hayman from Bolt Burdon Kemp for sending me a copy of the decision of Mr Justice Freedman in The Scout Association -v- Bolt Burdon Kemp [2023] EWHC 2575 (KB). On appeal Freedman J upheld the…
SOLICITORS CAN’T RECOVER COSTS UNDER AN UNENFORCEABLE CFA: WHAT IS MORE THE CLIENTS CAN RECOVER SUMS BACK
In Diag Human SE & Anor v Volterra Fietta (Re Assessment Under Part III Solicitors Act 1974) [2023] EWCA Civ 1107 the Court of Appeal upheld earlier judgments that solicitors, acting under a conditional fee agreement that claimed more than…
COST BITES 106: BARRISTERS BEWARE: COUNSEL ON DIRECT ACCESS NOT ENTITLED TO RECOVER COSTS FROM THEIR (FORMER) CLIENT: AN UNFAIR TERM MEANT THEY WERE ENTITLED TO NOTHING
The judgment of Mr Justice Turner in Glaser & Anor v Atay [2023] EWHC 2539 (KB) is one that needs to be looked at by every barrister involved in direct access work, and their clerks. The judge found that a…
COST BITES 105: HOW TO LOSE £1.4 MILLION IN COSTS: A SHORT REPORT OF A SHARP SHOCK FOR THE CLAIMANT’S SOLICITORS
Normally I use first-hand judgments to write about cases. However I think it important to point people towards the case reported by PIC Legal “Time for a Retainer Review”. This reports on the judgment of Costs Judge James in IXG (by his…
COST BITES 104: “THE LATEST BATTLE IN A WIDER FORENSIC LEGAL WAR”: DEFENDANT NOT ENTITLED TO NON-PARTY COSTS ORDER AGAINST A COMPANY IT ASSERTED WAS “THE REAL PARTY” IN THE DISPUTE
In the judgment given today in Soares v Wilson [2023] EW Misc 11 (CC) HHJ Luba KC rejected an application that costs be paid by a non-party. The defendant’s application that a PLC pay the costs of the action because…
FIXED COSTS: LONDON WEIGHTING (AN EXTRA 12.5%): BUT – WHERE IS LONDON?
The fixed costs provisions provide a “London Weighting” of an additional 12.5%. “London” has a specific meaning as defined in the Practice Direction set out below. CPR 45.3 Additional costs for work in specified areas (‘London weighting’) 45.3.—(1) Where…
FIXED COSTS: ADDITIONAL AMOUNTS FOR “UNREASONABLE BEHAVIOUR”
We are continuing with our bite sized examination of the fixed costs regime by looking at CPR 45.13. This allows the court to reduce, or increase, the fixed costs for “unreasonable behaviour”. The rule appears only to allow this variation…
FIXED COSTS: THE COURT MAY CONSIDER A HIGHER SUM IF A PARTY OR WITNESS IS “VULNERABLE”
The rules make provision allowing the court to award a higher sum for damages when a party, or witness is vulnerable. However there are significant caveats. It must be the vulnerability that has required additional work to be undertaken and the…
FIXED RECOVERABLE COSTS: A POWER TO ORDER GREATER AMOUNTS IN “EXCEPTIONAL CIRCUMSTANCES” AND THE STING IN THE TAIL
Continuing the examination of fixed recoverable costs. CPR 45.9 gives the court power to order sums greater than FRC in “exceptional circumstances”. The applicant’s difficulties are (i) there is no definition of exceptional circumstances (ii) there is a real sting…
TODAY’S THE DAY: KEY POSTS AND ARTICLES ON FIXED COSTS
I suspect that this blog will be writing about fixed costs for some time to come. To mark (I won’t say “celebrate”) the start of the new regime I have done a round up previous posts, useful lectures and webinars…
NEW COSTS RULES: MEET THE BANDS…
The new costs rules introduce a new concept of the “complexity band”. Here we look at the bands within the intermediate track and the rules relating to helping the court in relation to allocation within those bands. COMPLEXITY BANDS…
NEW COSTS RULES: WHEN A CASE CAN’T GO INTO THE INTERMEDIATE TRACK
Continuing with the series about the new rules relating to fixed costs. Here we recap on those cases that are not affected by the rules (because of the commencement date) and those issues that must be allocated to the multi-track….
NEW FIXED COSTS RULES: THE NEW PART 28: CASE MANAGEMENT IN THE INTERMEDIATE TRACK: THE LENGTH OF WITNESS STATEMENTS AND EXPERT REPORTS
The new fixed costs provisions introduce the concept of the “Intermediate Track”. One point to note about this track is that there are specific rules about applying for directions. There are also very specific obligations in relation to the length…
COSTS AND FUNDING: LITIGATION FUNDERS CAN PROPERLY BE INTERVENORS IN FAMILY PROCEEDINGS
In Simon v Simon & Anor [2023] EWCA Civ 1048 the Court of Appeal considered the function of a litigation funder in matrimonial proceedings. The role is an important one and those providing funding are entitled to some measure of…
FIXED RECOVERABLE COSTS EXTENSION LECTURES: KERRY UNDERWOOD ON TOUR
The new rules as to fixed costs are coming soon. Kerry Underwood is undertaking a national tour of day long lectures on the fixed costs provisions. It cannot be stressed enough that the new rules are of significance to all…
COST BITES 103: INTERIM BILLS WERE NOT FINAL BILLS: CLIENT COULD STILL HAVE THEM ASSESSED
In Ivanishvili v Signature Litigation LLP [2023] EWHC 2189 (SCCO) Costs Judge Leonard rejected an argument that a series of bills rendered by a solicitor were “statutory” bills. This meant that all the bills could be subject to assessment. The…
PART 36 APPLIES TO CLAIMS THAT ARE NOT ABOUT MONEY: SILENCE DID NOT INDICATE A REFUSAL TO ENTER ADR: PART 36 CONSEQUENCES APPLIED
In Jones v Tracey & Ors (Re Costs) [2023] EWHC 2256 (Ch) Master Marsh (sitting in retirement) found that Part 36 applied to cases that were not about money. It was held that the fact that the action would be…
COST BITES 102: NOPE, YOU’RE NOT GETTING £870 AN HOUR: CREDIT CARD RATES ARE REDUCED
In Walter Hugh Merricks CBE v Mastercard Incorporated and Others [2023] CAT 53 the Competition Appeal Tribunal held that the hourly rates charged by both sides were too high to be recovered inter partes. The Guideline rates still provide a guide…
THE NEW RULES ON FIXED COSTS: TRANSITIONAL PROVISIONS: THEY CANNOT AFFECT CURRENT CASES
I was at a social event on Friday night (but a blogger is never really off duty). During the course of the evening someone told me that they had had recently had a personal injury case where the judge, rather…
COST BITES 101: RECOVERING THE COSTS OF ENGLISH SOLICITORS IN SCOTTISH COURTS (THIS DOESN’T END WELL – FOR SOMEONE)
It is rare for this blog to cover (or pursue) a decision from Scotland. However the judgment in RECLAIMING MOTION IN THE CAUSE OF MARGARET JANIS KIRKWOOD AGAINST THELEM ASSURANCES [2023] ScotCS CSIH_3 has major implications for English & Welsh…
COST BITES 100: A LITIGANT IN PERSON CANNOT RECOVER THE COSTS OF A NON-SOLICITOR ENTITY
In Reeves v Pickton & Ors [2023] EWHC 2198 (SCCO) Costs Judge Leonard considered whether a litigant in person, who had been assisted by a non-solicitor entity, could recover the costs of that assistance on an inter-partes assessment. After a…
COST BITES 99: A SUMMARY ASSESSMENT ON A STANDARD BASIS AFTER A SOLICITOR AND OWN CLIENT ON AN INDEMNITY BASIS: THERE IS MUCH TO LEARN HERE
The judgment of Costs Judge Leonard in Hughes Fowler Carruthers Ltd v Gubbay [2023] EWHC 2188 (SCCO) contains several matters of interest. It is a reminder of that basis of the standard assessment of costs, and how this differs to…
COST BITES 98: THE SIMILARITIES IN MEDICAL REPORTS SHOULD BE REFLECTED IN THE COSTS OF REPORTS
We are returning again to HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO) Costs Judge James considered the sums that should be allowed in relation to the claimants’ medical reports. This involved a close examination of the reports…
MAJOR PROBLEMS WHEN THE JUDGE IS “NOT IMPRESSED” BY THE SCHEDULES OF LOSS: “MUCH TIME WAS THROWN AWAY ON CALCULATIONS BASED ON THE WRONG PREMISES”
We are returning to the judgment of Costs Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO). This is a case that anyone drafting a Schedule of Damages should read. These actions were settled well before…
COST BITES 97: CLAIMANT NOT ALLOWED 62.3 HOURS TO DRAFT THE LETTER OF CLAIM: WHAT SHOULD LETTERS OF CLAIM CONTAIN?
In HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO) Costs Judge James considered the question of how much time should have been spent drafting a letter of claim in a clinical negligence case. She disallowed the 62…
AN OFFER WAS A VALID PART 36 OFFER: THE CLAIMANTS HAD DONE BETTER THAN THAT OFFER: IT WAS NOT UNJUST FOR NORMAL PART 36 CONSEQUENCES TO FOLLOW
In Colicci & Ors v Grinberg & Anor (Re Costs) [2023] EWHC 2075 (Ch) Recorder Mark Anderson KC (sitting as a High Court Judge) found that claimants had done better than their own Part 36 offers. He rejected the defendants’…
DEFENDANT NOT GIVEN PERMISSION TO ENFORCE COSTS IN A CASE WHERE THERE WAS A “MIXED CLAIM”
I am grateful to Kevin Donoghue from Donoghue solicitors for bringing my attention to the judgment of Mrs Justice Hill in Afriyie v Commissioner of Police for the City of London (Re Costs) [2023] EWHC 1974 (KB). It is a…
CLAIMANTS CAN RECOVER THE COSTS OF ATTENDING A PRE-INQUEST REVIEW: THE DEFENDANT’S RHETORIC WAS MISPLACED: THE CLAIMANT’S COSTS WERE NOT “EYE WATERING” AT ALL
In Briley & Ors v Leicester Partnership NHS Trust & Ors [2023] EWHC 1470 (SCCO) Costs Judge James found that the costs of attending a pre-inquest review were held to be recoverable inter partes. “I would add that whilst…
CLINICAL NEGLIGENCE CASE WHERE CLAIMANT OFFERED TO ACCEPT 90% OF DAMAGES WAS A VALID PART 36 OFFER: IT WAS NOT UNJUST FOR THE DEFENDANT TO FACE THE CONSEQUENCES
In Chapman v Mid and South Essex NHS Foundation Trust (Re Costs) [2023] EWHC 1871 (KB) Mrs Justice Hill decided that a claimant’s offer to accept 90% of damages in a clinical negligence case, where there had been a trial…
COST BITES 96: A “REPLACEMENT” BUDGET WAS SERVED LATE: RELIEF FROM SANCTIONS GRANTED
In Henderson and Jones Ltd v Stargunter Ltd & Anor [2023] EWHC 1849 (TCC) Neil Moody KC (sitting as a High Court Judge) considered whether a formal application for relief from sanctions was needed in a case where a party…
CLAIMANT FAILS TO SERVE THE CLAIM FORM PROPERLY: DEFENDANT FAILS TO NOTICE AND APPLIES TO STRIKE OUT ACTION: APPLICATION WAS UNNECCESARY & DEFENDANT NOT AWARDED COSTS
In Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) held that a defendant should have known that the proceedings against it had not been served properly. The…
COST BITES 95: A SOLICITOR’S BILL IS “PAID” WHEN FUNDS ARE DEDUCTED FROM DAMAGES AND A COMPLIANT BILL SENT TO THE CLIENT
NB this decision was overturned by the Supreme Court. See the discussion on the Supreme Court decision here. In Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 the Court of Appeal held that a solicitors bill is “paid” when…
INTEPRETERS’ FEES ARE RECOVERABLE IN THE FIXED COSTS REGIME: COURT OF APPEAL DECISION
In Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838 the Court of Appeal held that the costs of interpreters are recoverable under the fixed costs regime. It is an indictment of the wholly inadequate thought given to the fixed…
THE COSTS JUDGE OVER YOUR SHOULDER: DEDUCTING COSTS FROM THE CLIENT’S DAMAGES: WEBINAR 20th SEPTEMBER 2023
On the 20th September 2023 I am presenting a webinar looking at issues relating to the deduction of costs from the client’s damages in a personal injury claim.This webinar looks at the regulations and case law relating to the deduction…
SUCCESSFUL CLAIMANT’S PART 36 OFFER: “PART OF THE POINT OF THE PENAL CONSEQUENCES OF PART 36 IS TO PREVENT THE SORT OF COSTS ARGUMENT THAT MIGHT OTHERWISE BE MADE”
In Green v White Lantern Film (Britannica) Ltd [2023] EWHC 1391 (Ch) Mr Justice Michael Green considered arguments as to conducts and costs in a case where the claimant had beaten her own Part 36 offer. The normal Part 36…
COST BITES 94: SOLICITOR AND OWN CLIENT COSTS: COSTS BUDGETING: BUDGETING OVERSPEND: THE DUTY TO WARN: THE APPROPRIATE SUCCESS FEE
In JXC v NIS [2023] EWHC 1000 (SCCO) Costs Judge Leonard considered issues relating to the recoverability of costs from the client over and above those recovered inter-partes. This case shows the importance of informing the client about the costs…
CLAIMANT’S OFFER TO ACCEPT 99.9% OF THE CLAIM WAS A VALID PART 36 OFFER: BUT NORMAL PART 36 BENEFITS WOULD NOT APPLY
In Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 1643 (TCC) Mr Alexander Nissen KC, held that a claimant’s offer to accept 99.9% of its claim was a valid Part 36 offer. However it was held to…
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