PART 36: WHEN THE NORMAL COSTS PENALTIES MAY NOT APPLY
In Yentob -v-MGN Ltd [2015] EWCA Civ 1292 the Court of Appeal upheld a decision of the judge not to impose the normal penalties when a claimant failed to beat a Part 36 offer. KEY POINTS When a party fails…
CHILDREN AND SUCCESS FEES 3: APPEAL WITHDRAWN
Earlier posts looked at the decision of Regional Cost Judge Lumb in A & B -v- The Royal Mail Group [2015] EW Misc B24(CC)(14th August 2015). The second judgment on costs is now available on Bailli. These posts deal with deduction of…
NO SPECIAL RULES FOR LITIGANTS IN PERSON: COSTS DO NOT FOLLOW THE EVENT FOLLOWING UNREASONABLE CONDUCT
Master Mathews faced an unusual scenario in Jones -v- Longley [2015] EWHC 3362 (Ch). This case highlights the fact that litigants in person are not subject to any special rules and are liable to have orders for costs made against…
ASSESSMENT OF COSTS & FAILURE TO MEDIATE: CLAIMANT BEATS OWN OFFER AND COSTS INCREASED BY 10%
The claimant beat its own Part 36 offer on costs in the case of Reid -v- Buckinghamshire Healthcare NHS Trust [2015] EWHC B21. Consequently costs were increased by 10% and additional interest accrued. “If the party unwilling to mediate is…
COSTS BUDGETING, PROPORTIONALITY AND GROUP LITIGATION
In Various Claimants -v- Sir Robert McAlpine & others [2015] EWHC 3543 (QB) Mr Justice Supperstone (sitting with Master Leslie & Chief Master Gordon Saker) considered costs budgeting within a Group Litigation Order. “Recognising that this is a complex case…
CLAIMANT CAN RECOVER COSTS AGAINST A DEFENDANT NOT NAMED IN THE CFA
In Engeham -v- London & Quadrant Housing Ltd & Academy of Plumbing Ltd (01/12/2015) * the Court of Appeal upheld a finding that a consent order which stated that damages and costs were to be paid by a defendant not named…
IS THIS A CLAIMANT'S OR DEFENDANT'S OFFER? ANOTHER IMPORTANT HIGH COURT DECISION ON PART 36
In Van Orrd Uk Limited -v- Allseas UK Limited [2015] EWHC 3385 (TCC) Mr Justice Coulson considered the appropriate consequences when the defendant had beaten its own Part 36 offer. These were unusual circumstances in that the court had to…
COSTS AS DAMAGES: SOME OBITER, BUT IMPORTANT, REMARKS
There are some important remarks on legal costs claimed as damages in Shaw -v- Kovac [2015] EWHC 3335(QB). (A case that is considered in more detail on Fatal Accidents Law. KEY POINTS In a fatal claim the costs of attending the…
NO INDICATIONS GIVEN FROM TRIAL JUDGE IN RELATION TO EXCEEDING COSTS BUDGET: THE APPROPRIATE APPROACH TO INTERIM COSTS WHERE THE COSTS HAVE EXCEEDED THE COSTS BUDGET
Can (and should) the trial judge give any indication in relation to costs budgets at the end of a trial if the costs budgets have been exceeded. Further what is the appropriate approach to an application for interim costs when…
COSTS AFTER RELIEF FROM SANCTIONS: A SUMMARY ASSESSMENT
An earlier post looked at the decision of Mr Justice Edwards-Stuart in North Midland Construction plc -v- Geo Networks Ltd [2015] 2384 (TCC). Here we look at the subsequent order in relation to costs. THE CASE The claimant failed to…
WASTED COSTS ORDER MADE AGAINST SOLICITORS: COMPLIANCE WITH ORDERS, ABSENT STATEMENTS AND LATE BUNDLES
In F-v-M [2015] EWHC 3259 (Fam) Mr Justice Cobb made a wasted costs order against a firm of solicitors. The judgment is (and was designed to be) an object lesson in the need to comply with court directions and court…
COSTS WHERE CLAIMANTS ARE REPRESENTED BY MORE THAN ONE FIRM OF SOLICITORS: IT CAN GET DIFFICULT
In Ong -v- Ping [2015] EWHC 3258 (Ch) Mr Justice Morgan considered the relevant order to make as to costs when the claimants in an action had been represented by separate solicitors. THE CASE Four claimants had been successful in…
COSTS WHERE A CLAIMANT ACCEPTS A PART 36 OFFER LATE: TWO CASES WHERE THE CLAIMANTS CAME TO GRIEF
When a claimant accepts a Part 36 offer late costs become at large. Here we look at two cases where late acceptance of a Part 36 offer had grave consequences for a claimant.* “A claimant who pursues a claim in…
PROPORTIONALITY AND SURVIVAL FOR LITIGATORS 4: CLAIM ONLY WHAT YOU CAN PROVE
Proportionality is, mostly, about money. The problems that proportionality causes increase in those cases where the sums recovered are much less than those originally sought. The over-claiming of damages is a dangerous tactic for many reasons. Not least it…
DOES EVERY FIRM NEED A "PROPORTIONALITY" TSAR? PROPORTIONALITY AND SURVIVAL FOR LITIGATORS 3
In January this year I started a series “Proportionality and Survival for Litigators”. I predicted it would be a lengthy series. I want to look at practical ways in which litigators can ensure that costs remain “proportional”. This, most probably,…
ANOTHER CASE WHERE THERE WAS AN INVALID PART 36 OFFER; NO RESPONSE TO OFFERS TO MEDIATE AND NEITHER PARTY RECOVERED COSTS
There is a brief report on Lawtel of the Court of Appeal decision in NJ Rickard Ltd -v- Holloway (CA 03/11/2015)*. It is an example of: (i)the importance of making a valid Part 36 offer; (ii)an example of the consequences…
WHAT IS MEANT BY "PROPORTIONALITY"? CONSIDERATION BY THE SENIOR COURTS COSTS OFFICE
In Hobbs -v- Guy’s and St Thomas’ NHS Foundation Trust [2015] EWHC B20 (Costs) Master O’Hare considered the question of proportionality in the context of a low value clinical negligence case. “In my judgment, although it was reasonable for the…
YOU'RE AS BAD AS EACH OTHER: NO-ONE IS GETTING ANY COSTS: POWERFUL WORDS IN THE HIGH COURT
In GBM Minerals Engineering Consultants Limited -v- GM Minerals Holdings Limited [2015] EWHC 3091 (TCC) Mr Justice Fraser had some some strong words to say about conduct and costs, resulting in a decision that no order for costs should be…
DAMNED IF YOU DO: DAMNED IF YOU DON'T: AGREEING COSTS BUDGETS AND COMPLYING WITH THE OVERRIDING OBJECTIVE
“Are lawyers colluding on fees?”, asked Rachel Rothwell in the Law Society Gazette yesterday. Rachel was reporting on a concern, albeit a low key one expressed by some judges that parties are “colluding” to keep their fees high in costs…
APPLICATION FOR INDEMNITY COSTS REFUSED: A HIGH COURT DECISION
In the judgment today in Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2015] EWHC 3050 (TCC) Mr Justice Coulson refused an application for indemnity costs and reduced the sum claimed from £51,787.50 to £35,000. THE CASE The claimant made a…
SUCCESSFUL PART 36 OFFER BY CLAIMANT ATTRACTS INDEMNITY COSTS ONLY FROM THE DATE OF EXPIRY OF THE OFFER: A HIGH COURT CASE
In RXDX -v- Northampton Borough Council [2015] EWHC 2938 (QB) Sir Colin Mackay revised an order in relation to indemnity costs following a Part 36 offer. THE CASE On the 12th March 2015 the claimant offered to settle the issue…
DO FIXED COSTS APPLY TO PORTAL CASES ALLOCATED TO THE MULTI TRACK? A COUNTY COURT DECISION – THAT SAYS THAT THEY DO
In Quader -v- Esure Services Limited (Birmingham County Court 15th October 2015) His Honour Judge David Grant considered the issue of whether fixed costs applied to a portal case that was transferred to the Multi Track. THE CASE The judge…
SUING OR DEFENDING ON BEHALF OF AN ESTATE OR TRUST FUND: DID YOU KNOW YOUR COSTS BUDGETS MUST BE FILED WITH THE PLEADINGS?
A solicitor has pointed out to me the surprise provisions of Practice Direction 3F – on Costs Capping. The title of the Practice Directions is deceptive. There are also mandatory provisions in relation to the filing of costs budgets at…
COURT OF APPEAL REFUSES TO ALLOW APPEAL WHERE RELIEF FROM SANCTIONS GRANTED FOLLOWING FAILURE TO GIVE TIMEOUS NOTICE OF FUNDING
In its judgment today in Mischon De Reya -v- Caliendo [2015] EWCA Civ 1029 the Court of Appeal refused the Defendant’s appeal where a claimant had been granted relief from sanctions following a failure to give proper notice of funding….
IS THIS A PART 36 OFFER I SEE BEFORE ME? THAT'S A REALLY IMPORTANT QUESTION
The decision of Mr Justice Morgan in Tim-Alexander Gunther Nikolaus Hertel -v- Artemis International Sarl [2015] EWHC 2848 (Ch) involves a complex set of facts but is extremely important in terms of construction of Part 36 offers. (It is perhaps…
WHEN DOES INTEREST BEGIN TO RUN ON COSTS? AN IMPORTANT DECISION
In Involnert Management Inc -v- Aprilgrange Limited [2015] EWHC 2834 (Comm) Mr Justice Legatt addressed the issues of when interest runs on costs. The problem arose because interest under the Judgments Act 1838 carries interest at 8%. Interest on costs…
LIQUIDATORS CLAIMED £1.1 MILLION IN COSTS: NO ORDER FOR COSTS MADE: NO ROBIN HOOD ORDER HERE
I am grateful to Anton Smith of Ashton Bond Gigg Solicitors for sending me details of the decision of Mr Registrar Jones In Brooks & Willetts (liquidators or Robin Hood Centre Plc) -v- Armstrong 2015 EWHC 2289 (Ch) a copy…
CIVIL LITIGATION BRIEF 20 YEARS AGO: ANY LESSONS FOR TODAY?
I doubt whether anyone knew what a “blog” was 20 years ago. However at that time Civil Litigation Brief was a monthly column in the Solicitors Journal. It is interesting to see how much (or how little) matters have moved…
DEFENDANT COUNTERCLAIMING EXEMPLARY DAMAGES AGAINST FRAUDULENT CLAIMANTS: AN INTERESTING REPORT
There is a report in the DWF update section of the case of Akhtar & Khan -v- Ball, a decision of HHJ Gregory on 10.7.15. It raises an interesting issue in relation to a counterclaim by a defendant faced with…
CHILDREN AND SUCCESS FEES PART 2: WHAT SUCCESS FEE WAS REASONABLE?
We looked earlier at the decision of the Regional Cost Judge Lumb in the case of A & B -v- The Royal Mail Group [2015] EW Misc B24(CC)(14th August 2015). As a result of that case the decision of the success…
THE SUMMARY ASSESSMENT OF COSTS: A PRIMER
In the recent post on the case of SRA -v-Imran we saw the problems posed because the respondent had failed to file a schedule of costs. Rather than order a detailed assessment the judge’s response was to order a “nominal”…
ADMINISTRATIVE COURT AWARDS NOTIONAL COSTS: THE PRICE TO PAY FOR THE ABSENCE OF A COSTS SCHEDULE
There is an interesting exchange at the end of the judgment of Mr Justice Dove in The Queen on the application of the Solicitors Regulation Authority -v- Imran [2015] EWHC 2572 (Admin). A REMINDER This is an example of the…
HOW THE BANKS GOT AWAY WITHOUT PAYING COURT FEES (FOR A WHILE)
The judgment of Master Matthews in Santander UK plc -v- The Royal Bank of Scotland plc [2015] EWHC 2560 (Ch) is an important review of the Norwich Pharmacal principles. However that is not what catches the eye. For a while…
"HOW TO GET SUED, MAKE A LOSS AND BE MISERABLE": 22nd SEPTEMBER 2015: HARDWICKE BUILDING, LONDON: RAISING FUNDS FOR THE BILLABLE HOUR
LITIGATORS: HOW TO GET SUED: MAKE A LOSS AND BE MISERABLE RAISING MONEY FOR THE BILLABLE HOUR APPEAL (ALL PROCEEDS GO TO THE APPEAL) Gordon Exall and PJ Kirby QC. Hardwicke Building, Lincoln’s Inn. TUESDAY 22nd SEPTEMBER 2015 5.30 -…
COSTS, CFAS, ADDITIONAL LIABILITIES AND GOING OUTSIDE PUBLIC FUNDING 2: SURREY -v- BARNET & CHASE
See the appeal on this case discussed here. The previous post looked at the decision of Master Rowley in Hyde -v- Milton Keynes Hospital NHS Foundation Trust [2015] EWHC B17 (Costs). In that case the Master decided that a decision to…
COSTS, CFAS, ADDITIONAL LIABILITIES AND GOING OUTSIDE PUBLIC FUNDING 1: HYDE -v- MILTON KEYNES
NB SEE THE APPEAL ON THESE ISSUES DISCUSSED HERE The decision of Master Rowley in Hyde -v- Milton Keynes Hospital NHS Foundation Trust [2015] EWHC B17 (Costs) has today become available on Bailli. It contains important observations in relation to…
RELIEF FROM SANCTIONS: LATE SERVICE OF NOTICE OF FUNDING
Relief from sanctions following late service of the notice of funding was granted by Mr Justice Simon in Jackson -v- Thompson Solicitors (& others) [2015] EWHC 549 (QB). THE CASE The claimant had failed in an action against multiple defendants…
HIGHER COURT FEES IN THE (NOT TOO DISTANT) FUTURE: THE GOVERNMENT RESPONSE TO CONSULTATION
The government response to the consultation process on court fees is now available. WHAT IT SAYS (“FOR THE MOST PART WE HAVE IGNORED EVERYONE AND THE INCREASES WILL GO AHEAD IN ANY EVENT”). “Following a consultation launched by the Coalition…
THE EFFECT OF QOCS ON LITIGATION: HERE'S THE THING: CASES WILL BE FOUGHT ON THEIR MERITS
There has been much debate about the impact of QOCS on litigation. To date much of this has, inevitably, been speculative. However it is worthwhile reading George Riley’s article, Fundamental dishonesty and litigation in the post-Jackson landscape. This shows, honestly…
"CONDUCT UNRAVELS ALL": INDEMNITY COSTS AND COSTS ON ACCOUNT: A FAMILY CASE
In the judgment today in Joy -v- Joy-Morancho (No 3) [2015] EWHC 2507 (Fam) Mr Peter Singer awarded indemnity costs against the respondent husband. Many of the observations in relation to costs are of general relevance to civil litigators as…
MISCONDUCT ON ASSESSMENT LEADS TO REDUCTION OF COSTS BY 50%: KERINS -V- HEART OF ENGLAND NHS FOUNDATION TRUST
There is a report on Lawtel today of the decision of District Judge Griffith in Kerins -v- Heart of England NHS Foundation Trust (Birmingham, 31st July 2015). The claimant’s costs were reduced by 50% because of misconduct in the assessment…
QOCS, STRIKING OUT AND THE LIABILITY TO PAY IN FULL: A COUNTY COURT DECISION
I am grateful to Colm Nugent of Hardwicke Chambers for sending me a copy of the judgment in Wall -v- British Canoe Union. A decision of HH Judge Lopez in Birmingham County Court on the 30th July 2015. The judgment…
PROPORTIONALITY, ASSESSMENT AND THE COSTS OF BUDGETING: SENIOR COURTS COSTS OFFICE DECISION TODAY
In BP -v- Cardiff & Vale University Local Health Board [2015] EWHC B13 (Costs) Master Gordon-Saker considered several issues relating to proportionality; the format of bills and the costs of costs budgeting. “Having conducted an assessment of the reasonableness of…
CHILDREN, SUCCESS FEES AND DEDUCTIONS FROM DAMAGES : AN IMPORTANT JUDGMENT
The question of child claimants and deductions from damages remains a live and controversial one. The judgment on this issue of the regional costs judge,District Judge Lumb in A & B -v- The Royal Mail Group [2015] EW Misc B24(CC)(14th…
NEW BILL OF COSTS CONSULTATION: A USEFUL LINK
A pilot scheme is being introduced for a new bill of costs model. Initially voluntary the scheme may become compulsory. THE DRAFT BILL AND GUIDANCE DOCUMENTS Useful guidance is available on the Hailsham Chambers website. The draft bill and guidance…
COSTS: THE FACT YOU CAN'T PAY MAKES NO DIFFERENCE: AN IMPORTANT LESSON FOR LITIGANTS
In Bridge -v- Daley [2015] EWHC 2121 (Ch) Judge Hodge QC (sitting as a judge of the High Court) considered submissions made in relation to a losing party paying costs. THE CASE The claimant sought permission to continue a derivative…
LITIGATION AS IT SHOULD NOT BE DONE: GOTCH -v- ENELCO
In Gotch -v- Enelco Ltd [2015] EWHC 1802 (TCC) Mr Justice Edwards-Stuart had strong words to say about the conduct of litigation and costs. KEY POINTS This is a case where five short passages from the judgment itself gives the…
ESSENTIAL READING: "FEES A CROWD WHEN JUSTICE AND POLITICS COLLIDE": A NLJ & LSLA PUBLICATION
There is a section on this blog devoted to links to posts on procedure and costs. Occasionally, however, a post is so important that I feel compelled to draw attention to it. This definitely applies to the publication “Litigation Trends…
COURT OF APPEAL OVERTURNS AWARD OF INDEMNITY COSTS
In Arcadia Group Brands Ltd -v- Visa Inc [2015] EWCA Civ 883 the Court of Appeal, dismissed an appeal on the merits, but nevertheless overturned the judge’s order for indemnity costs. THE CASE The claimants were bringing actions for breaches…
COSTS AND CONDUCT 3: THE COURT OF APPEAL AND ISSUE BASED COSTS ORDERS
This is the third case today about the issue of costs and the conduct of proceedings. It is the most complex, Smith & Nephew plc -v- ConvaTec Technologies Inc [2015] EWCA Civ 803. THE CASE The Court of Appeal allowed…
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