COSTS OF EXPERTS AND GOING OUTSIDE THE COSTS BUDGET: THE HIGH COURT REFUSES TO EXTEND BUDGETED ITEMS AFTER A TRIAL
In Parish -v- The Danwood Group Ltd [2015] EWHC 940(QB) HH Judge Behrens (sitting as a judge of the High Court) considered various issues relating to the costs budget at the end of a trial. THE CASE The claimants were…
CHANGES TO THE PRE-ACTION PROTOCOLS THAT WE KNOW ABOUT: LOW VALUE ROAD TRAFFIC ACCIDENTS
Important changes have been made to the Pre-Action Protocols which came into force yesterday. At the moment the whereabout of the the Protocols is a mystery in that they have not been published generally. However there are some changes to…
PERCENTAGE COSTS ORDERS AFTER A CLAIMANT BEATS THEIR OWN PART 36 OFFER: A HIGH COURT DECISION
In Webb -v- Liverpool Womens’ NHS Foundation Trust [2015] EWHC 449(QB) HH Judge Saffman (sitting as a High Court Judge) considered the consequences where a claimant had beaten their own Part 36 offer at trial. NB this aspect of the…
THE LAST WORKING DAYS OF THE "OLD" PART 36: LINKS TO POSTS & ARTICLES ON THE NEW RULES
The new Part 36 comes into force on the 6th April. Here are links to posts and guidance in relation to the new rules on this blog and then links to many other commentators. POSTS ON THE NEW PART 36…
SOMETHING FOR THE WEEKEND: THE SOLICITOR WHO TOOK ON SALFORD OVER COURT FEES AND WON
I may make a habit of blogging cheerful(ish) stuff on a Friday*. This weeks its hats of to Dominic Cooper of IE Legal Solicitors who was sent me details of his run in, and success, with Salford. THE DISPUTE Like…
COSTS NOT RECOVERED WHEN DEFENDANT NOT NAMED IN CFA: SENIOR COSTS OFFICE DECISION
The GWS website has a link to a decision of a decision of Deputy Master Friston made in the Senior Court Costs Office in Hailey -v- Assurance Mutuelle Des Motards (CCD 1405291). It relates to the question whether costs can…
PROPORTIONALITY, BUNDLES AND £3 MILLION SPENT ON COSTS: FAMILY COURT ON PROFLIGATE EXPENDITURE
We have looked at the family courts from time to time in relation to procedure, costs and proportionality. Another example is provided by the judgment of Mr Justice Holman in the case of Gray -v- Work [2015] EWHC 834 (Fam)….
A VERY NUANCED APPROACH TO COSTS AFTER "SUCCESS" AT TRIAL: REDSTONE -v- B LEGAL CONSIDERED
In Redstone -v- B Legal [2015] EWHC 745 (Ch) Mr Justice Norris made an order for costs in an action where four test cases had been heard. There had been a trial of a preliminary issue in relation to liability….
INTEREST ON COSTS; PAYMENTS ON ACCOUNT OF COSTS & INDEMNITY COSTS AGAINST FUNDERS: EXCALIBUR IN THE REPORTS AGAIN
We have looked at the Excalibur case before in the context of an order for indemnity costs against funders. Further decisions in relation to costs were made by Christopher Clarke L.J. in Excalibur Ventures LLC -v- Texas Keystone INC [2015]…
MITIGATING THE IMPACT OF THE COURT FEE INCREASE 3: ONLY CLAIM WHAT ITS WORTH AND WHAT YOU ARE GOING TO GET
This is the third in the series on mitigating the effect of court fees. The new fees regime makes clear the need for as much accuracy as possible in assessing what the likely award is going to be. An additional…
IF YOU WANT A STAY PENDING APPEAL MAKE FULL AND TOTAL DISCLOSURE
In Goldsmith -v- O’Brien [2015] EWHC 510 (Ch) Judge Purle QC refused an application for a stay pending appeal. The case is an important reminder of the burden on a party seeking a stay pending appeal. THE CASE The claimant…
THE DEBATE ON COURT FEES IN THE HOUSE OF LORDS: WELL WORTH READING
Every litigator should read the debate on court fees that was held in the House of Lords. There are some trenchant criticisms of the MO(i)J which was responded to by “cant”. I have highlighted passages of interest but this is…
LITIGATION IS "VERY MUCH AN OPTIONAL ACTIVITY": HOW WOULD THE MO(I)J RESPOND TO "NON-OPTIONAL" LITIGANTS?
There is no greater sign of the MO(i)J’s lack of understanding of the reality of litigation than the statement, made in the House of Lords by Lord Faulks, that “litigation is very much an optional activity”. TELL THAT TO BUSINESSES…
JUST A BIT MORE ON COURT FEES…
Given the importance of the next few hours I will keep this short. 1. Lexis Nexis Blog have an interview with Keith Etherington on “Beating the fee hike – by 4pm” 2. The Guardian reports Claimants expected to rush to…
MITIGATING THE IMPACT OF THE COURT FEE INCREASE 2: FEE REMISSION – EVERY LITIGATOR HAS TO KNOW THIS NOW
This is the second in the series of posts on mitigating the impact of the court fee increase. Not for the first time Kerry Underwood has got to this point already. I am not going to repeat anything Kerry says…
PETITION ABOUT THE INCREASE IN COURT FEES
There is a petition to the Ministry of Justice which can be signed on-line. WHY SIGN THE PETITION? Regular readers of this blog will know the importance. This is summarised in the petition document itself “WHY IS THIS PETITION IMPORTANT?…
FIVE MORE IMPORTANT POINTS FOR THOSE ISSUING IN HASTE
Friday is ( or may be) effectively the last day you can issue under the old fee regime. This is going to be a busy day for many litigators. Here are five points in an attempt to ensure that no…
MORE ON THE ADVERSE IMPACT OF COURT FEE INCREASE: BLAME THE MO(i)J IF THE ECONOMY COLLAPSES
The impact of the court fee rise has reached the Global Legal Post with the headline that UK litigation specialist fear backlash against London over proposed court fee hike. However it is likely to have a major impact on SMEs…
YET MORE ON COURT FEES: SME'S AND "SECOND WAVE" OF PROPOSED INCREASES
There are more interesting posts on the impact of the new court fees regime. I propose to post on this issue regularly. If anyone has any comments, views or links please let me know. The SI itself (with the new…
MITIGATING THE IMPACT OF THE COURT FEES INCREASE 1: LIMITATION STANDSTILL AGREEMENTS
The general view of the court fee increases is well known. The increases are based on inadequate research and will have a major detrimental effect on the economy as well as the interests of justice. Since the increases are likely…
COURT FEES: IMPORTANT DEVELOPMENTS: IMPLEMENTATION DATE THE 9th MARCH
The Law Society Gazette reports that the implementation date for the revised Court Fees is likely to be the 9th March. It is interesting to look at recent developments and responses. OTHER DEVELOPMENTS Compare and contrast “Justice minister Shailesh Vara…
MORE ON INDEMNITY COSTS AND THE SUMMARY ASSESSMENT OF COSTS AT TRIAL: INTERCITY TELECOMS -v- SOLANKI
NOTE THAT THIS JUDGMENT HAS BEEN OVERTURNED BY THE COURT OF APPEAL, SEE THE POST HERE In Intercity Telecom -v- Solanki [2015] Judge Simon Brown QC awarded indemnity costs and assessed costs at the end of a trial. It is…
NO RE-ALLOCATION AT THE COURT OF APPEAL STAGE JUST TO GET COSTS: CONLON -v- ROYAL SUN INSURANCE PLC
In Conlon -v- Royal Sun Insurance plc [2015] EWCA Civ 92 the Court of Appeal refused to re-allocate a costs at the appeal stage when the application was made solely for the purpose of attempting to recover costs. THE ISSUES…
MORE ON BUNDLES: THERE IS MUCH TIME & MONEY TO BE SAVED YET
I have often commented (and been surprised) by the fact that a post on preparing trial bundles is always the most popular page on this blog. Following a prompt from Dominic Regan it was interesting to watch the live feed…
ANOTHER EXAMPLE OF A SUCCESSFUL DEFENDANT NOT RECOVERING ALL OF ITS COSTS (AND OF THE ADVANTAGES OF A PART 36 OFFER)
In Altus Group (UK) Limited -v- Baker Tilly [2015] EWHC 411 (Ch) HH Judge Keyser QC (sitting as a High Court Judge) made various orders in relation to the Defendant’s costs. The Defendant did not recover all their costs of…
THE PROPOSED COURT FEE INCREASE: ACTION BY THE LAW SOCIETY – READ THE STATISTICS ABOUT ACCESS TO JUSTICE
The Law Society has sent a pre-action protocol letter for judicial review to challenge the government’s proposed increase in court fees. “State provision for people to redress wrongs through the courts is the hallmark of a civilised society.’ THE LAW…
A GAME OF MORE THAN ONE HALF: THE COSTS ORDER IN HAMED -v- TOTTENHAM HOTSPUR
In Hamed -v- Mills & Tottenham Hotspur Football Club [2015] EWHC 298 (QB) Mr Justice Hickinbottom found negligence on the part of a doctor and football club in a claim brought by a professional football player. In a judgment, given…
IF YOU THINK "BIG MONEY" CASES AMOUNT TO A LICENCE TO INCUR COSTS THEN READ THIS
In Kazakhstan Kagazy PLC -v- Baglan Abdullayevich Zhunus [2015] EWHC 404 (Comm) Mr Justice Leggatt makes important observations about costs; the basis for assessing costs in “big money” cases (if not all cases) and interim costs in a case where the defendants’…
WHOLLY SUCCESSFUL DEFENDANT RECOVERS ONLY TWO-THIRDS OF COSTS BECAUSE OF FAILURE TO ENGAGE IN ADR
In Christian -v- The Commission of Police for the Metropolis [2015] EWHC 371 (QB) Mr Justice Turner considered the costs applications of a failure to a defendant to engage in mediation. THE CASE The claimant was unsuccessful in an action…
LENGTHY BUNDLES AND INTERIM COSTS: OBSERVATIONS FROM THE TECHNOLOGY & CONSTRUCTION COURT
The two judgments of Mr Justice Akenhead in the Secretary of State for the Home Environment -v- Raythean Systems Limited [2014] EWHC 4375 (TCC) and [2015] EWHC 311 (TCC) contain some familiar motifs in relation to the size of bundles,…
ANOTHER CASE WHERE INDEMNITY COSTS AWARDED – FOR PART OF THE CLAIM
There are now several posts on this blog considering the importance of an award for costs on an indemnity basis and cases where judges have considered this issue. Another example can be found in the decision of Stephen Jourdan QC…
MORE ON SUMMARY ASSESSMENT OF COSTS & PROPORTIONALITY: NOT GOING FOR A SONG
The issue of proportionate costs was considered by Judge Behrens in Taylor -v- Bell & Haworth (16th February 2015). It provides a useful example of judicial comments in relation to disproportional costs. THE CASE The applicant was seeking a variation of…
SUMMARY ASSESSMENT OF COSTS: ANOTHER EXAMPLE: SAY IT WITH FLOWERS
We have looked, several times, at judgments which contain summary assessment of costs. Not least to get a flavour of the approach of the courts. An assessment took place by Mr Justice Birss in Interflora -v- Marks & Spencer…
LITIGANTS IN PERSON INCREASE USE OF RESOURCES NOT SAVE THEM: COURT OF APPEAL DECISION
In Linder -v- Rawlins [2015] EWCA Civ 61 the Court of Appeal dismissed the appeal of a litigant in person appealing in relation to certain aspects of disclosure in a divorce petition. What is particularly telling is that part of…
WHAT THE JACKSON REPORT SAID ABOUT COURT FEES: TOO HIGH AND SHOULD BE USED TO IMPROVE CIVIL JUSTICE SYSTEM
The government, and the Ministry of Justice in particular, has been keen to advocate and implement the Jackson reports. The costs of litigation should be proportional and, in effect, this means reduced. However in all the discussions in relation to…
JOINDER OF A PARTY FOR COSTS, INDEMNITY COSTS & COMMENTS ON COSTS OUTSIDE THE COSTS BUDGET: EXCELERATE TECHNOLOGY ROUND 2
We looked earlier at the observations on costs in giving judgment in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile. A supplementary judgment on the costs issues is now available. It contains the rationale for the matters discussed in the…
WHEN WILL INDEMNITY COSTS BE ORDERED? A HIGH COURT DECISION CONSIDERED
Indemnity costs now carry extra weight in that, on assessment, the court is not bound by the principle of proportionality. In Siegel -v- Pummell [2015] EWHC 195 (QB) Mr Justice Wilkie reviewed the relevant principles in relation to indemnity costs….
EARLY CONTENDERS FOR WORST PUNS ON CIVIL CASES 2015: YOU JUDGE THE STANDARD
In the annual review of civil litigation of 2014 there was an easy winner for the case that gave rise to the most, and worst, puns. There is an early contender for this award in 2015. Since this competition is…
GUIDANCE GIVEN AS COSTS BUDGETING IN PRACTICE: CONTINGENCIES, RATES AND TIMING: YEO -v- TIMES NEWSPAPERS LIMITED
The judgment of Mr Justice Warby in Tim Yeo MP -v- Times Newspapers Limited [2015] EWHC 209 (QB) contains some interesting observations in relation to pleading allegations of fraud. However here we look at the judge’s observations in relation to…
THE RIHANNA CASE AND COSTS: A QUICK CODA
The main judgment in the Rihanna case was considered in an earlier post which considered the problems caused by witnesses giving opinion evidence. There is a short supplementary judgment Fenty -v- Arcadia Group Brands Ltd [2015] EWCA Civ 38 which…
COSTS AGAINST NON-PARTIES: NOTHING LOST IN TRANSLATION: THE CAPITA CASE CONSIDERED
The decision today of Sir James Munby In the Matter of Capita Translation and Interpreting Limited [2015] EWFC 5 reiterates the principles of costs against third parties. The judgment contains a detailed review of the law relating to cost liability…
CHILDREN CASES AND THE RECOVERY OF A SUCCESS FEE: CHANGES COMING INTO FORCE ON APRIL 6th
Amidst all the changes to Part 36 it is easy to miss the fact that changes in relation to children cases on the 6th April 2015. In essence this provides a mechanism for the court to consider the deduction of…
THE MITCHELL CASE AND COSTS: IN THE NEWS AGAIN
My apologies for relying on a non-legal source. However the BBC reports that Mr Mitchell has been ordered to pay both sets of costs in the defamation action. THE CASE BBC News reports a decision of Mr Justice Mitting that…
PRELIMINARY APPLICATIONS: DEPARTING FROM COST BUDGETS AND FAILURE TO SERVE COST SCHEDULES: A HIGH COURT DECISION
In Simpson -v- MGN Limited [2015] EWHC 126 (QB) Mr Justice Warby considered several contentions in relation to costs budgeting; non-service of costs schedules and proportionality. This is, again, a case that serves as an object lesson as to the…
CFA NOT FRUSTRATED BY CAPACITY: BLANKLEY APPEAL DRAWS A BLANK FOR DEFENDANT
In Blankley -v- Central Manchester and Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18, where judgment was given today, the Court of Appeal upheld the first instance decision that a claimant’s subsequent incapacity does not invalidate a claimant’s…
APPEALING COSTS BUDGETS: THE RELEVANT CRITERIA CONSIDERED AND APPLIED
The decision of H H Judge Freedman in Havenga -v- Gateshead NHS Foundation Trust [2014] EWHC B25(QB) demonstrates how difficult it is for a party to appeal a costs budget. THE CASE The claimant was bringing a claim for hemiplegic…
THE DANGERS OF A PART 36 OFFER: CLAIMANT PAYS THREE TIMES MORE IN COSTS THAN HE RECEIVED IN DAMAGES
The dangers of a claimant rejecting a Part 36 offer are clearly demonstrated in the case of UWUG Ltd & Haiss -v- Ball [2015] EWHC 74 (IPEC). The claimant received damages of £2,859.20 but was ordered to pay the defendant…
COSTS AT THE END OF THE CASE: THE JUDGE CAN MAKE OBSERVATIONS ABOUT MATTERS OUTSIDE THE COSTS BUDGET
The judgment of H.H. Judge Simon Brown Q.C in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile contains some interesting observations at the end. This illustrates the need for trial counsel to be aware of both the costs budget…
LET THE COURT KNOW HOW MUCH AN EXPERT IS GOING TO COST: A MANDATORY REQUIREMENT
The short judgment of Mr Justice Warby in Sloutsker -v- Romanova [2015] EWHC 81(QB) contains some important observations about preparing for hearings. It also serves as a timely reminder that a party asking for permission to instruct an expert must…
GET BUNDLES AND SKELETON ARGUMENTS TO COURT – OR ELSE: CHIEF CONSTABLE COPS IT
There is a brief report on Lawtel today of the case of Marsh -v- Ministry of Justice (QB Phillips J 20/01/2015)*. It provides an object lesson on the need for all parties (and non-parties) to lodge – or re-lodge -…
