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 -…
SUBSTANTIAL COSTS INCURRED IN ARGUING ABOUT COSTS: NIGHTMARE IN BELGRAVIA?
In Chliafichtein -v-Wainbridge Estates Belgravia Ltd [2015] EWHC 47 (TCC) Mr Justice Coulson made some comments in relation to the escalation of costs in preparing for an argument about who should pay the costs. THE CASE The claimant obtained an…
PROPOSALS FOR INCREASED COURT FEES: MONITORING THE PROPOSALS AND THE DEBATES
There is a section on this blog which provides regularly updated links to posts and articles on civil procedure. However the issue of the major proposed increase in court fees is such a major issue I am giving this its…
COSTS REDUCED FROM £201,000 TO £96,465 ON SUMMARY ASSESSMENT: A WORKING EXAMPLE OF PROPORTIONALITY IN PRACTICE
It is always useful to look at the way in which courts are carrying out summary assessments. Another interesting example of the pragmatic approach adopted can be found in the judgment of Mr Justice Akenhead in Savoye -v- Spicers Ltd…
£3,500 DAMAGES: A 10 DAY TRIAL: 3 DAYS IN THE COURT OF APPEAL: £500,000 IN COSTS: BLEAK HOUSE IN THE COURT OF APPEAL
In Gilks -v- Hodgson [2015] EWCA Civ 5 the Court of Appeal had strong words to say about the costs of a boundary dispute. The observations should be read by anyone tempted to litigate about these issues. THE CASE The…
RECEIVERS, EXTENSIONS OF TIME AND RIGOROUS COSTS BUDGETING TO ENSURE PROPORTIONALITY
The Denton principles were considered by Mr Registrar Jones in Justice Capital Ltd -v- Murphy [2014] All ER (D) 187 (Dec). There were important issues in relation to proportionality and costs. Of particular interest is the rigorous case management and…
ENTERPRISE, PROPORTIONALITY, WITNESS STATEMENTS AND UNNECESSARY COSTS: OBSERVATIONS FROM THE HIGH COURT
In Enterprise Holdings, Inc -v- Europcar Group UK Ltd [2015] EWHC 17 (Ch) Mr Justice Arnold made some telling remarks which bear on proportionality, witness evidence and costs. THE CASE The dispute related to the use of a “e” logo…
THE LORD CHIEF JUSTICE'S REPORT 2014: CIVIL JUSTICE
The Lord Chief Justice’s Report for 2014 is available online. It covers many aspects of the judicial system. Here we look at the report in relation to civil justice, THE REPORT On civil justice the Report identifies 5 key areas:…
THE NEW PART 36: PART 10: PULLING IT ALL TOGETHER: 18 KEY POINTS
This post provides a summary of the changes to Part 36 and then considers the practical implications of the new rules, including the implications for on-going litigation. There are links to the relevant posts on the issue and a summary…
THE NEW PART 36: PART 9: HOW IT REFLECTS AND CHANGES THE EXISTING CASE LAW
This is the 9th in the series on the new Part 36. Here we deal with the relevant case law which may be changed by the new rules. THE EXPLANATORY TEXT Rule changes are usually accompanied by helpful explanatory notes….
PROPORTIONALITY & SURVIVAL FOR LITIGATORS: PART 2: A WHOLE NEW APPROACH?
It is no accident that there is nearly a month between the first post in this series and the second. Nor is it surprising that very little (if anything) has been written on “proportional” litigation. This is a difficult subject….
THE NEW PART 36: PART 8: STRUCTURE OF THE NEW RULE AND A RECAP OF POSTS TO DATE
Here we look at the structure of the new Part 36. The section part of this post recaps and provides links to the earlier posts on the new Part 36. Future posts will deal with the impact of the new…
THE NEW PART 36: PART 6: PERSONAL INJURY CASES
This is the sixth in the series of posts dealing with the new rules governing Part 36 coming into force in April 2015. This post deals with a new section of Part 36 on personal injury cases. This appears to…
THE NEW PART 36: PART 5: WAS THE OFFER A "GENUINE ATTEMPT" TO SETTLE PROCEEDINGS?
One addition to the rule is a further factor for the court to take into account when considering whether or not the usual costs, and other consequences, of Part 36 should apply. THE NEW CPR 36.17: COSTS CONSEQUENCES FOLLOWING JUDGMENT…
THE NEW PART 36: PART 4: WHERE A COSTS BUDGET IS LIMITED TO COURT FEES
This is the fourth in the series of posts on the new Part 36 coming into force on the 6th April 2015. The rules contain a brand new provision that deals with the position where a offeror’s costs are limited…
THE NEW PART 36: PART 3: UNACCEPTED OFFERS AND INCREASED RESTRICTIONS ON DISCLOSURE OF OFFERS
This is the third in the series of posts that deals with the Part 36 provisions coming into force on the 6th April 2015. Here we look at the rules restricting disclosure of a Part 36 offer and some important…
THE NEW PART 36 PART 2: OTHER EFFECTS OF ACCEPTING A PART 36 OFFER
This is the second part of a series dealing with the new provisions of Part 36 which comes into force on the 6th April 2015. The first in the series can be found here. Here we look at the new…
ADMISSION UNDER THE PROTOCOL AND PORTAL MAY NOT BE BINDING IN SUBSEQUENT PROCEEDINGS
Is an admission made by an insurer under the Portal binding on the parties in a future action? In September last year we looked at the case of Ullah -v- Jon where a district judge held that an admission was…
E-DISCLOSURE & BREACH OF ORDERS: CASE STRUCK OUT: NO QUESTION: AND NO QUARTER GIVEN
In Smailes -v-McNally [2014] EWCA Civ 1296 the Court of Appeal made it clear that breach of a peremptory order in relation to disclosure will lead to grave consequences for the defaulting litigant. THE CASE This case was looked at…
THE NEW PART 36: COMING TO YOUR PRACTICES SOON: PART 1
The “new” Part 36 comes into force on the 6th April 2015. Here I provide the first part a summary of the main chances. To prevent any confusion this post only cites the new rules. THERE IS NOW AN EXPRESS…
THE DENTON PRINCIPLES AND SEEKING TO AVOID PAYING MONEY DUE UNDER COURT ORDERS
The application of the Denton principles was considered by Mr Justice Peter Smith in Mulugeta Guadie Mangiste -v- Endownment Fund for the Rehabilitation of Tigray [2014] EWHC 4196 (Ch) when reviewing an argument that the claimant should not pay an order for…
SUMMARY ASSESSMENT OF COSTS: AN IMPORTANT EXAMPLE
This blog has looked at examples of the summary assessment of costs before. These do not give rise to any great principles or points of law. Summary assessments are rarely (if ever) reported. Virtually every litigator is going to be…
CLAIMANT BEATS OWN PART 36 OFFER AND RECEIVES AN ADDITIONAL £75,000 IN DAMAGES
The advantages to a claimant in making a prompt, and realistic, Part 36 offer are shown in the judgment of Sir David Eady in Downing -v- Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB). THE KEY POINT…
COSTS OF £7 MILLION: PART 36 BITES HARD ON CLAIMANTS WHO CLEARED A FIRST HURDLE BUT FELL AT THE SECOND
If anyone ever needed a lesson on the risks of litigation they should read the judgment of Mr Justice Eder in Ted Baker plc -v- Axa Insurances UK Plc [2014] EWHC 4178 (Comm). THE CASE There had been a preliminary…
SOLICITOR'S NEGLIGENCE & SOLICITOR'S COSTS: ELEMENTARY ISSUES WORTH READING
The transcript of Edwin Coe LLP -v- Aidiniantz [2014] EWHC 3994 (QB) is worth reading for a number of reasons: (i) The nature of the duty owed by the solicitor in litigation; (ii)evidence and contemporary documents and (iii) the circumstances…
PROPORTIONALITY & SURVIVAL FOR LITIGATORS: LITIGATING WITHIN A BUDGET: PART 1 OF WHAT MAY WELL BE A MULTI PART SERIES
There is now plenty of material on costs budgeting, much of it can be found in links on this blog. However I have not found any guidance for litigators on how the requirement for “proportional” costs will affect their work…
COSTS, PROPORTIONALITY AND GETTING THE BUNDLES RIGHT: TAKE EVERYTHING OUT OF COURT NOW AND COME BACK TOMORROW
An earlier post reported on the observations of Mostyn J in J-v-J in relation to costs, proportionality and bundles. If you take the indignation and sense of outrage expressed in J-v-J about costs, preparation and bundles, and then quadruple it,…
COSTS INCURRED PRE-BUDGET ARE HIGHLY RELEVANT: FUTURE COSTS COULD BE DRASTICALLY REDUCED
In Redfern -v- Corby Borough Council (QBD 03/12/2014)* Judge Seymour QC upheld the decision of a deputy master that the amount of costs already incurred had a major impact upon the future costs budget. THE CLAIM The claimant was brining…
MAKING AN "APPORTIONED" COSTS ORDER: A CLAIMANT WHO RECOVERS LESS THAN THEY ARE ASKING IS NOT A "LOSER"
It is more common for a judge to “apportion” costs at the end of a trial to reflect the merits of the case and the “success” of each party. In Trant -v- Stokes (o3/12/2014 CA)* the Court of Appeal overturned…
IF YOU SETTLE WITH SOME OF THE PARTIES THE OTHERS CAN STILL COME AFTER YOU FOR COSTS: THE LESSONS OF DUFOO
In Dufoo -v- Tolaini and Ors [2014] EWCA Civ 1536 the Court of Appeal considered the issue of costs liability between the claimants where two claimants had settled their action with a defendant but a third went on to trial…
IF YOU CAN'T PROVE YOU HAVE A PROPER RETAINER YOU WON'T GET PAID: SHIPPING IN FROM HULL
In Scott -v- Hull & East Yorkshire Hospitals NHS Trust [2014] Ew Misc B53(CC) the claimant failed to recover any costs against the defendant because he failed to prove that there was a valid CFA. THE FACTS A detailed assessment was…
COSTS BUDGETING AND MORE CASE MANAGEMENT IN THE COURT OF PROTECTION? EXPECT IT SOON
It is only recently that the Court of Appeal has “opened its doors” so to speak on reports of its cases. The judgment of Peter Jackson J in A & B (Court of Protection: Delay & Costs) [2014] EWCOP 8…
DEVELOPMENTS SINCE DENTON: ALL THE POSTS AND CASES IN ONE PLACE
We are now exactly one year on since Mitchell and 237 days since Denton. This is a good a time as any to review the Post Denton decisions on this blog. It is interesting that there were no reports in…
MORE ON SKELETON ARGUMENTS: DO THEM PROPERLY OR YOU DON'T GET PAID (THE TRIQUEL)
For the third time in the past few months Jackson L.J. has spoken out against over-lengthy skeleton arguments. The costs of preparing those skeletons have been disallowed on each occasion. This is what happened in Inplayer Ltd -v- Thorogood [2014]…
WHAT COSTS AWARD SHOULD BE MADE AFTER A SPLIT TRIAL? A HIGH COURT DECISION
In Merck KGaA -v- Merck Sharp & Dhome Corpe [2014] EWHC 3920 (Ch) Mr Justice Nugee considered what order should be made as to costs after a claimant had succeeded on a trial of a preliminary issue. The judge held…
NOMINAL DAMAGES AWARD LEADS TO NO COSTS AT TRIAL & 25% OF COSTS ON APPEAL
In Walker -v- the Commissioner of the Police of the Metropolis [2014] EWCA Civ 897 the Court of Appeal considered the appropriate costs award when a claimant succeeded on appeal but the appellate court held that he should only recover…
COSTS, PARTIES & PROPORTIONALITY: CONSTRUCTING AN ARGUMENT AS TO WHO SHOULD PAY WHAT
There are now an increasing number of cases reported where the judge sets out expressly their views in relation to costs. These are important reading. A good example is the decision of Mr Justice Edwards-Stuart in Laing O’Rourke Construction Ltd…
HYBRID DAMAGES BASED AGREEMENTS: E-PETITION
There has been considerable controversy surrounding the decision not to implement “hybrid” Damages Based Agreements. There is now an e-petition calling for an open consultation on this issue. To view the petition click on the link above or here. Calls…
AN IMPORTANT CASE ON COSTS; "INTERESTED PARTY" COSTS; RELIEF FROM SANCTIONS AND SUMMARY ASSESSMENT
In Group M Uk Ltd -v- The Cabinet Office [2014] EWHC 3863 (TCC) Mr Justice Akenhead mad some important observations as to the liability to pay the costs of “interested parties”; the late serving of costs schedules; relief from sanctions…
CLAIMANT OBTAINED COSTS OF ACTION EVEN AFTER DISCONTINUANCE: WATCH THE WORDING OF CORRESPONDENCE
In Rokvic -v- Peacock [2014] EWHC 3729 (TC) the claimant obtained an order for costs against the defendant even though the claimant had discontinued the action. It is, if anything, a warning to be totally precise in wording when making offers and…
THE COURT'S POWER TO REGULATE NON-LAWYERS INVOLVED IN LITIGATION: REFERENCE TO ARBITRATION
There are several interesting aspects of the Court of Appeal’s decision in Assaubayev -v- Michael Wilson & Partners Ltd [2014] EWCA Civ 1491. One of the points is the power of the courts over non-lawyers providing legal and litigation services….
OFFER TO SETTLE HAS MAJOR IMPACT ON COSTS OF CASE: NO SUGARING OF THIS PILL
In Sugar Hut Group Ltd -v- AJ Insurance [2014] EWHC 3775 (Comm) Mr Justice Eder held that an offer of settlement had a major impact on costs even though it was not a valid Part 36 offer and the claimant…
MORE ABOUT QOCS: CAN THEY APPLY ON APPEAL IF THE CLAIMANT HAD A PRE-APRIL 2013 CFA?
An earlier post on the risks posed by the transitional provisions of QOCS led to several comments. One of those comments was the question whether you can get QOCS protection on appeal if the original CFA did not cover appeals….
RIGHT TO INDEMNITY COSTS ARISES OUT OF CONTRACTUAL TERM
In Renewable Power & Light Ltd -v- McCarthy Tetrault [2014] EWHC 3848 (Ch) Mr Justice Morgan held that a defendant was entitled to indemnity costs when a claimant discontinued a claim half way through a trial. Indemnity costs were awarded…
WANT TO KNOW ABOUT ONEROUS PART 18 QUESTIONS; DISCLOSURE, COSTS CAPPING & BUDGETS: JUST GOOGLE IT
In Hegglin -v- Persons Unknown & Google Inc [2014] EWHC 3793 (QB) Mr Justice Edis considered some interesting issues of costs management and costs capping. The short judgment is important reading in relation to the scope of Part 18 questions…
NO GENERAL PRINCIPLES APPLY TO AWARD OF INDEMNITY COSTS: COURT OF APPEAL DECISION
In the short supplementary judgment in Tchenguiz -v- Director of the Serious Fraud Office [2014] EWCA Civ 1471 the Court of Appeal stated that there is no general principle that indemnity costs in applications under CPR 31.22. However the judge’s…
THE TRANSITIONAL PROVISIONS OF QOCS: A DANGER AREA
I have seen a few problems recently with the transitional provisions of QOCS. In essence if the claimant has entered into a conditional fee agreement at any time in the past then they cannot have the benefit of QOCS. A…
"MADNESS" OVER COSTS AND USELESS TRIAL BUNDLES : VIEWS FROM ANOTHER JURISDICTION
Civil practitioners may benefit from reading the observations of Mostyn J in J -v- J [2014] EWHC 3654 (Fam). It suggests that family lawyers may soon be subject to much more rigorous costs budgeting. There are also important observations about…
SOLICITOR'S BILL OF COSTS STRUCK OUT BECAUSE CLAIM WAS EXAGGERATED AND (IN PART) FALSE
In Alpha Rocks Solicitors -v- Alade [2014] EWHC 3606 (Ch) Kevin Prosser Q.C., sitting as a judge of the High Court, struck out part of the solicitor’s bill as an abuse of process. The case makes instructive reading. It involved…
