PART 36, COSTS: THE JUDGE WAS CORRECT NOT TO FIND THAT PART 36 CONSEQUENCES SHOULD NOT APPLY: A DISPUTE “CONDUCTED IN AN ENTIRELY DISPROPORTIONATE WAY AND AT ENTIRELY DISPROPORTIONATE COST”
In Lampor & Ors v Jones [2023] EWHC 667 (Ch) Mr Justice Mellor dismissed the appeals by both parties in relation to costs orders made following Part 36 offers. The trial judge had held that the defendant had failed to…
COST BITES 73: APPEAL ON HOURLY RATES DID NOT GO AS THE APPELLANT PLANNED: THE GUIDELINE HOURLY RATES AND DETAILED ASSESSMENT
In Harlow District Council v Powerrapid Limited (Rev1) [2023] EWHC 586 (KB) Mr Justice Choudhury, sitting with Costs Judge Rowley as an assessor, rejected an appeal about the hourly rates allowed by the costs judge. There are important passages about…
THE COSTS JUDGE OVER YOUR SHOULDER – MAXIMISING RECOVERY ON ASSESSMENT: WEBINAR 6th APRIL 2023
I am presenting a webinar on the 6th April 2023 – The Costs Judge Over Your Shoulder 2023 – Maximising recovery. Booking details are available here. THE WEBINAR “Here the reduction was very large and the reason for the reduction was…
COSTS BITES 73: IN A WASTED COSTS APPLICATION THE APPLICANTS FAILED TO GET PAST THE FIRST STAGE
In King & Ors v Stiefel & Ors [2023] EWHC 453 (Comm) Mr Justice Jacobs refused to allow a wasted costs application to pass stage one of the process. The issues were too complex and the costs to high, to…
COST BITES 72 : COSTS BETWEEN CREDITOR AND SUPPLIER UNDER THE CONSUMER CREDIT ACT: CREDITOR’S ARGUMENT HITS A (BLACKPOOL) ROCK
Barrister Henry King has kindly sent me a copy of the judgment in Pennington -v- Creation Financial Services Ltd, a decision of District Judge Woosnam in the County Court at Blackpool, a copy of which is available here Pennington v…
COST BITES 71: POINTS OF DISPUTE STRUCK OUT BECAUSE THEY WERE NON-COMPLIANT: PAYING PARTIES RAISING OBJECTIONS HAVE TO USE THEIR JUDGMENT
I am grateful to Kain Knight Costs Lawyers for drawing my attention to the judgment of HHJ Gosnell in O’Sullivan v Holmes and Hills LLP [2023] EWHC 508 (KB). The judge allowed an appeal by a solicitor in a solicitor…
COST BITES 60: THE COURT WOULD NOT RETROSPECTIVELY REALLOCATE A CASE TO THE SMALL CLAIMS TRACK:
I am grateful to Craig Leigh for sending me copies of two judgments of Recorder David Allen K.C. in the case of Johnson -v- GE Money Secured Loans Ltd. The second judgment in relation to costs contains a decision on…
REDUCING THE RISKS OF ADVERSE COSTS ORDERS IN CIVIL LITIGATION: WEBINAR 23rd MARCH 2023
With the changes coming into place in relation to QOCS on the 6th April 2023 it is now more important than ever that claimants avoid adverse costs orders. This webinar looks at the best and safest means of litigating to…
FIXED COSTS STILL APPLIED AFTER AN ADJOURNMENT AND TWO ABORTED TRIALS: COVID WAS AN EXCEPTIONAL TIME BUT DID NOT GIVE RISE TO EXCEPTIONAL CIRCUMSTANCES
I am grateful to barrister James Miller for sending me a copy of the judgment of District Judge Lindsey Moan in the case of Osuzuwa -v- Madeira, a copy of which is available here Osuzuwa v Madeira. The judge…
APPLICATION FOR NON-PARTY COSTS ORDER DISMISSED: THIS TIGER HAD NO TEETH…
There have been a number of cases relating to non-party costs orders. The claimant’s application for such an order failed in Paper Mache Tiger Ltd v Lee Mathews Workroom PTY Ltd [2023] EWHC 338 (Comm). John Kimbell KC, sitting as…
NO ORDER FOR COSTS WHEN AN APPLICATION HAD BEEN ADJOURNED DUE TO AN INAPPROPRIATE TIME ESTIMATE
In Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd [2023] EWHC 294 (Ch) HHJ Hodge KC, sitting as a High Court Judge, decided that the costs of an application that was adjourned due to an inappropriate time estimate should not…
THE NEW RULES ON QOCS 2: WHAT THEY DO AND WHEN THEY DO IT FROM…
This is the second in the series that examines the new rules as to QOCS coming into force on the 6th April 2023. Here we look at the impact of the new rules and the date of implementation. …
COST BITES 59: COSTS AGAINST THE CLAIMANT EVEN THOUGH THE DEFENDANTS’ APPLICATION WAS UNSUCCESSFUL: HOWEVER THE JUDGE FELT TOTALLY UNABLE TO RELY ON A COSTS SCHEDULE
Another example of costs not following the event can be seen in the judgment of Mrs Justice Smith in The Financial Conduct Authority v Papadimitrakopoulos & Anor [2022] EWHC 3048 (Ch). The judgment also raises other issues in relation to…
COSTS BITES 58: SUMMARY ASSESSMENT OF COSTS IN A PREMIER LEAGUE CASE: COSTS SHOULD NOT TOTALLY OVERSHOOT THE POST
There is an interesting decision as to costs in the judgment of Mr Justice Miles in The Football Association Premier League Ltd v Pattie & Ors [2023] EWHC 296 (Ch) in relation to the assessment of costs when a case…
COST BITES 57: ASKING THE JUDGE TO DETERMINE THE COSTS AFTER SETTLEMENT: YOU CAN’T ALWAYS GET WHAT YOU WANT (COURT OF APPEAL VERSION)
There have been some interesting decisions recently on issue based costs orders and costs not always following the event. In Tradition Financial Services Ltd v Bilta (UK) Ltd & Ors [2023] EWCA Civ 112 the Court of Appeal upheld a…
DEFENDANT’S APPLICATION FOR AN ORDER THAT CLAIMANT REDRAW BILL OF COSTS DISMISSED: EXPERIENCE OF FEE EARNERS IS A MATTER FOR THE DETAILED ASSESSMENT PROCESS
An interesting point was considered by Costs Judge Nangalingam in Brierley v Otuo & Ors [2023] EWHC 275 (SCCO). The defendant paying party argued that a bill of costs should be redrawn. One of the grounds for the application was…
COST BITES 56: IF YOU DISCONTINUE AGAINST A DEFENDANT YOU HAVE TO PAY THE COSTS
In Lendlease Construction (Europe) Ltd v AECOM Ltd & Anor [2022] EWHC 2855 (TCC) Mrs Justice Joanna Smith held that a claimant that was discontinuing against one of the defendants in an action should pay the costs. There was no…
THE NEW RULES ON QOCS AND COSTS 1: IMPLEMENTATION
The Civil Procedure (Amendment) Rules 2023 make major changes to the rules relating to the set off of costs and QOCS, reversing the decision of the Supreme Court in Ho -v- Adelkun. Here I want to look at the rule…
FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
I am grateful to barrister William Rankin for sending me a copy of the judgment of Recorder Knifton KC in Hamblett -v- Liverpool Wholesale Flowers Limited (Liverpool County Court, 23rd January 2023) a copy of which can be found here …
ITS OFFICIAL – THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
Following detailed discussions by the judging panel the winner of the Wig and Pens Prize for the best costs advice has been decided. THE CRITERIA “What single piece of Advice on costs would you give to a young lawyer? …
CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
In Costa v Dissociadid Ltd & Anor [2023] EWHC 49 (IPEC) the claimant was unsuccessful in an application for wasted costs against his own lawyers. However the judgment tells us more than that. It is an object lesson in the…
WHAT IS THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER? THE ENTRIES
What single piece of Advice on costs would you give to a young lawyer to stand them in good stead throughout their career? This was the question asked in the contest started last month. The contest has a prize generously…
COST BITES 55: A NON-PARTY COSTS ORDER NOT MADE AGAINST CLAIMANT’S SOLICITORS IN RELATION TO COSTS OF ASSESSMENT: QOCS MAY BE A PROBLEM FOR THE DEFENDANT – BUT THIS IS NOT THE WAY TO SOLVE IT…
In PME v The Scout Association [2023] EWHC 158 (SCCO) Costs Judge Leonard rejected the defendant’s argument that a non-party costs order should be made against the claimant’s solicitors in relation to the defendant’s costs of assessment and subsequent applications…
COST BITES 54: THOSE COSTS BUDGETS MAY BE AGREED BUT THEY ARE NEITHER REASONABLE NOR PROPORTIONATE: AND THE COURT IS GOING TO SAY SO.
In Lemos & Ors v Church Bay Trust Company Ltd & Ors [2023] EWHC 157 (Ch) Insolvency and Companies Court Judge Jones made it clear that he did not accept the reasonableness of the costs budgets of both parties. The…
COSTS BITES 53: POSSIBILITY OF AN APPEAL AND INABILITY TO RELY ON COSTS BUDGET ARE NOT GROUNDS FOR REFUSING AN INTERIM ORDER FOR COSTS
In Isaac v Tan & Anor (Re Costs) [2022] EWHC 3478 (Ch) Mr Justice Adam Johnson considered issues of costs following an unsuccessful unfair prejudice application relating to the shares of Cardiff City Football Club. He held that the application…
COST BITES 52: “WE WANT IT ALL AND WE WANT IT NOW”: COURT REFUSES CLAIMANT’S APPLICATION FOR A SUMMARY ASSESSMENT OF COSTS
One of the aims of this series is to look at those issues of costs that are, on the face of it, incidental to the main issue decided by the court. However, in practical terms, the costs issue is of…
COST BITES 51: CASE FOR FALSE IMPRISONMENT WAS APPROPRIATE FOR THE FAST TRACK NOT SMALL CLAIMS TRACK: DECISION UPHELD ON APPEAL
In Wilkins v Serco Ltd [2023] EWHC 61 (KB) Mrs Justice Heather Williams rejected the defendant’s appeal in relation to allocation of a case for false imprisonment. She upheld a finding that the case would have been allocated to the…
COST BITES 50: USEFUL LINKS ON COSTS FROM KINGS CHAMBERS: TAKE YOUR PICK…
There are a large number of helpful links on Kings Chambers’ Resource page. Here I link specifically to those relating to costs. Firstly the newsletters and articles and secondly the regular series of webinars. NEWSLETTERS Costs Litigation Newsletter:…
COST BITES 49: ARE THE COSTS OF A MEDICAL AGENCY RECOVERABLE IN THE FIXED COSTS REGIME? DISTRICT JUDGE FINDS THAT THEY ARE
Are the costs of a medical agency recoverable under the fixed costs regime? I am grateful to barrister John Meehan for sending me a copy of the judgment of District Judge Phillips in Wilkinson-Mulvaney -v- UK Insurance Ltd (19th January…
MAKING A MISTAKE ON THE DAMAGES CLAIM PORTAL IS NOT NECESSARILY AN ABUSE OF PROCESS: AN APPLICATION THAT PROVED COSTLY FOR THE DEFENDANT
I am grateful to Express Solicitors for sending me a report of a decision in Oxford County Court relating to the Damages Claim Portal. The claimant had used the Portal to issue against the Crown. The Portal cannot be used…
COSTS REDUCED BY 70% BECAUSE OF MISCONDUCT IN ASSESSMENT (AFTER BEING REDUCED BY 95% DURING THE ASSESSMENT): CLAIMANT’S APPLICATION FOR PERMISSION TO APPEAL REFUSED
The judgment of Mr Justice Murray in AB v Secretary of State for Justice [2023] EWHC 72 (KB) is part of an extraordinary saga in relation to a costs assessment. Costs had been reduced by 95% on assessment and reduced…
COST BITES 49: A LAWYER WHO ACTS FOR HIMSELF HAS … A DIFFICULT TIME GETTING PAID: SOLICITOR DEFENDANT CONFINED TO LITIGANT IN PERSON RATES
In Patel -v- Karmakar (12th January 2023) District Judge Lumb, sitting as a Regional Costs Judge, decided that a solicitor acting for himself in litigation could only recover the litigant in person rate. A copy of the judgment is available…
IS THE PEN MIGHTIER THAN THE SWORD? WHAT IS THE BEST ADVICE ON COSTS YOU CAN GIVE TO A YOUNG LAWYER? WIN A PEN – WITH HISTORY BEHIND IT
What single piece of Advice on costs would you give to a young lawyer? What would help them throughout their career? I would be interested to know and, thanks to the generosity of David Bentley at Wig and Pens, I…
COST BITES 48: WHERE THE ONLY RELEVANCE OF THE BUDGET IS TO SET AN UPPER LIMIT ON RECOVERABLE COSTS: THE ESCALATING COSTS OF “METAPHORICAL WARFARE”
We are returning to the judgment of Costs Judge Leonard in Reed v Woodward Property Developments Ltd & Anor [2023] EWHC 36 (SCCO) to look at two other aspects of the case. The first relates to the relevance of the costs…
COST BITES 47: PROVING (OR DISPROVING) THAT THERE WAS A VALID RETAINER: APPORTIONING RECOVERABLE COSTS BETWEEN TWO DEFENDANTS
In Reed v Woodward Property Developments Ltd & Anor [2023] EWHC 36 (SCCO) Costs Judge Leonard considered a number of issues. Firstly the court’s approach when there was a dispute as to whether there was a valid retainer. Secondly questions…
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 46: NON PARTY COSTS ORDER MADE AGAINST DIRECTOR OF INSOLVENT COMPANY
In Asprey Capital Ltd v Rediresi Ltd & Anor (Re Non-Party Costs Order) [2023] EWHC 28 (Comm) Patricia Robertson KC (sitting as a Deputy High Court Judge) made a non-party costs order against a director of the defendant company. THE…
COST BITES 45: COURT REJECTS DEFENDANT’S APPLICATION THAT CASE INVOLVING A CHILD BE BUDGETED: ACCEPTS CLAIMANT’S APPLICATION FOR AN INTERIM PAYMENT ON COSTS – BUT NOT THE AMOUNT CLAIMED
In CXS v Maidstone and Tunbridge Wells NHS Trust [2023] EWHC 14 (KB) Master Cook considered issues relating to costs in a case concerning a child where the matter is unlikely to be resolved for many years. The Master rejected…
NON-PARTY COSTS ORDER AGAINST EXPERT WITNESS SET ASIDE ON APPEAL: THE FACT THAT AN EXPERT’S CONCLUSIONS CAN BE CRITICISED DOES NOT AMOUNT TO A FLAGRANT DISREGARD OF THEIR DUTY
I am grateful to barrister Nadia Whittaker for sending me a copy of the judgment of Mr Justice Sweeting in Robinson -v- Liverpool Hospitals NHS Trust and Mercier [2023] EWHC 21 (KB), a copy of the judgment is available here. …
COST BITES 44: THE COSTS OF ASSESSMENT: THE RELEVANCE OF CONDUCT, ARE PART 36 OFFERS SIGNIFICANT?
We are returning to the judgment of Mrs Justice Stacey in TRX v Southampton Football Club [2022] EWHC 3392 (KB). The judge made some observations in relation to the costs of the assessment process. In particular the interplay of CPR 47.20…
COST BITES 43: CLAIMANT’S COSTS INCURRED BEFORE CFA SIGNED WERE RECOVERABLE
In TRX v Southampton Football Club [2022] EWHC 3392 (KB) Mrs Justice Stacey considered a number of issues relating to costs. One of those was the question of whether pre-CFA costs were recoverable. This required a close consideration of the…
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
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
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?
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…
COST BITES 40: NO ONE GETS THE COSTS OF AN AMENDMENT (WHICH WERE FAR TOO HIGH ANYWAY)
In Walter Hugh Merricks CBE v Mastercard Incorporated and Others [2022] CAT 52 the Competition Appeal Tribunal considered the principles relating to the costs of amendments to statements of case after a contested hearing. On the facts of this case…
QOCS PROTECTION APPLIED TO THE PERIOD BEFORE THE CLAIM WAS AMENDED TO PLEAD A CLAIM FOR PERSONAL INJURY: HIGH COURT DECISION TODAY
In Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB) Mr Justice Bourne held that an action could not become subject to QOCS part way through. If the claim was a personal injury claim at trial then…
CLAIMANT’S LATE ACCEPTANCE OF A PART 36 OFFER DID NOT PERMIT DEFENDANT TO SET OFFCOSTS AGAINST DAMAGES: QOCS PRINCIPLES REIGN SUPREME
In Chappell v Mrozek [2022] EWHC 3147 (KB) Master Stevens rejected the defendant’s argument that the defendant’s entitlement to costs, arising from late acceptance of a Part 36 offer, could be enforced from the claimant’s damages. The judgment examines the…
TIME FOR CHALLENGING SOLICITOR’S BILL HAD NOT PASSED: CLAIMANT’S APPEAL ALLOWED AND ASSESSMENT TO PROCEED
NB THIS DECISION WAS OVERTURNED ON APPEAL TO THE COURT OF APPEAL SEE Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 In Menzies v Oakwood Solicitors Ltd [2022] EWHC 3199 (KB) Mr Justice Bourne allowed an appeal on the…
WHEN COSTS INCURRED AT A CASE MANAGEMENT CONFERENCE ARE ORDERED AGAINST THE DEFENDANT: DON’T ALWAYS ASSUME IT WILL BE “COSTS IN THE CASE”
It may be imprudent to assume that arguments that take place at the case management stage will always be subject to an order for costs in the case. In University of Manchester v John McAslan & Partners Ltd & Anor…
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