COST BITES 273: A QUICK LOOK AT A SUMMARY ASSESSMENT: YOU CAN HAVE A ROLLS ROYCE SERVICE, BUT YOU CAN’T EXPECT THE OTHER SIDE TO PAY FOR IT…
We are continuing with the practice of having a close look at the result of a summary assessment. The judge’s observations in this case are particularly telling, about the basis of assessment, hourly rates, the use of leading counsel and…
COST BITES 272: CLAIMANTS ORDERED TO PAY SOME OF A DEFENDANT’S COSTS IMMEDIATELY, PRIOR TO JUDGMENT BECAUSE OF THE WAY IN WHICH THE TRIAL WAS CONDUCTED
Last week we had a judge discussing the “pay as you go” principle in litigation. Here we have a slight extension of that principle with the judge deciding that the claimants’ conduct of the the trial meant that they should…
COST BITES 271: THE INABILITY TO RECOVER COSTS DOES NOT REPRESENT A BREACH OF HUMAN RIGHTS: THE POWER TO AWARD COSTS HAS TO BE GIVEN BY STATUTE
We are looking at costs issues in a slightly unusual context. A decision of the Administrative Court on the issue of whether Parliament had given a body the jurisdiction to make a costs order. The judgment also considers some significant…
COST (MEGA) BITES 370 : WE WANT AN INTERIM PAYMENT ON COSTS OF £3.75 MILLION – BUT WE DON’T WANT TO GIVE A DETAILED BREAKOWN OF WHY: COURT OF APPEAL CONSIDERS THE ISSUES
It is rare for the Court of Appeal to give a detailed judgment on costs. It is even rarer for it to consider the principles relating to interim payments on account of costs. This is what we are looking at…
ANOTHER BATTLE IN THE MEDICAL AGENCY/BREAKDOWN OF COSTS WAR: SHOULD THE COURT ORDER A BREAKDOWN PRIOR TO ANY ASSESSMENT?
There have been numerous cases on the issue of whether there is a requirement to provide a breakdown of the invoice when an expert report has been provided via an agency. Here we another another judgment that considers the issue. …
PAYING BACK DAMAGES AND COSTS AFTER A SUCCESSFUL APPEAL: WHAT IS THE APPROPRIATE RATE OF INTEREST?
It is extremely painful, when a party has won at trial, to have to pay damages back after a successful appeal. The lawyers find it equally painful to have to repay costs. To rub salt into the wounds the successful…
COST BITES 269: CAN PRE-ALLOCATION COSTS BE AWARDED WHEN A CASE IS LATER TRANSFERRED TO THE SMALL CLAIMS TRACK? A CASE THAT CONSIDERS THE ISSUE
I am grateful to barrister Ethan Riley for sending me a copy of the transcript of the judgment we are looking at today. This relates to whether the court has power to award a party pre-allocation costs that are occurred…
COST BITES 269: WHAT COSTS ORDERS SHOULD BE MADE WHEN THE CLAIMANTS AVOID STRIKING OUT BY AMENDING THEIR PLEADINGS, BUT THE DEFENDANT OPPOSED THE APPLICATION TO AMEND? LITIGATION ON A “PAY AS YOU GO” BASIS
If ever a judgment showed how difficult litigation can be it is the costs decision we are looking at here. A defendant made an application to strike out a case on the grounds of inadequate pleadings. That application would, without…
COST BITES 268: NO STAY OF AN ORDER THAT A SOLICITOR RESPOND TO PART 18 QUESTIONS: A COSTS ASSESSMENT IN ACTION
It is always interesting when we get to see “round 2” of a decision in relation to an application and appeal. It is even more interesting when we see the costs orders made and the figures involved. This case has…
COST BITES 267: WHAT IS THE COURT’S APPROACH WHEN IT DETERMINES THAT A RECEIVING PARTY SHOULD NOT HAVE INSTRUCTED LEADING COUNSEL?
Here we have a consideration of what the court’s approach on summary assessment when it considers that leading counsel should not have been instructed. (Silk worms at work. They did not weave their magic when it came to the assessment…
COST BITES 266: WHAT DOES THE COURT DO IF THE COSTS ARE DISPROPORTIONAL AFTER A LINE BY LINE ASSESSMENT? A WORKING EXAMPLE
Here we look at a judgment relation to proportionality and the assessment of costs. The claimant’s costs had been substantially reduced after a three day assessment but the judge found that the total sum was still disproportional. The judge could…
COST BITES 266: THE DEFENDANT WHO OBTAINED AN ORDER FOR INDEMNITY COSTS IN HER FAVOUR AND STILL ENDED UP CONSIDERABLY OUT OF POCKET: PART 36 OFFERS IN THE ASSESSMENT PROCESS: PLUS – “COSTS CAPPING” CONSIDERED – AND REFUSED
We are looking at a case where a defendant successfully defended an application to commit, was awarded indemnity costs and yet ended up considerably out of pocket. It shows the importance of a well judged Part 36 offer by the…
COST BITES 265: THE PERILS OF WORKING UNDER A CFA: THE COSTS JUDGE CORRECTLY ASSESSED COSTS AT NIL: THE DEFENDANT WAS ENTITLED TO TAKE A POINT THAT WAS NOT TAKEN AT AN EARLIER HEARING: THEY WERE SIMPLY FOLLOWING THE COURT’S ORDERS
Here we have a case that could well bring tears to the eyes of any litigator who works on a conditional fee basis. For the second time, on appeal, the claimant solicitor’s costs have been unsuccessful. The defendant former client…
PART 36: SHOULD THE NORMAL PART 36 CONSEQUENCES APPLY WHEN A CLAIMANT HAD, EFFECTIVELY, OFFERED “NIL” ON A COUNTERCLAIM (THAT FAILED)?
Here we are looking at some interesting arguments on Part 36 put forward by an, obviously disappointed, defendant. The claimant had beaten its own Part 36 offer and defeated the defendant’s counterclaim totally. Nevertheless, the defendant argued, this was not…
COST BITES 264: WHEN SHOULD A CASE BE REFERRED TO DETAILED AS OPPOSED TO SUMMARY ASSESSMENT? PERHAPS WHEN THE SOLICITORS ARE SEEKING £1,345.50 AN HOUR…
It is rare to see costs issues, initially suitable for summary assessment, referred for detailed assessment. We have such a case here. The judge decided that the issues, and in particular the hourly rate for solicitors sought by the receiving…
COST BITES 263: QOCS AND CLAIMS AGAINST THE POLICE – A SIMILAR ISSUE TO YESTERDAY BUT WITH A TOTALLY DIFFERENT RESULT (NO ONE EVER SAID LITIGATION WAS EASY…)
Yesterday we looked at a case where, on appeal, the judge indicated that he would set aside a costs order made against the claimants who had brought an action against the police. The claimants had QOCS protection. Today we look…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION 2025: WEBINAR 4th AUGUST 2025
This webinar looks at what to do when things go wrong in civil litigation. There is a continual flow of reports that deal with errors made in relation to limitation, service or someone falling foul of the rules or court…
COST BITES 261: HOW MUCH DID THAT (UNSUCCESSFUL) APPLICATION TO AMEND COST? SOME £616,000 APPARENTLY…
Here we are looking at the award of costs following the judgment considered in the previous post. The applicants had, they said, incurred £435,000 in costs, the respondents sought £181,374.28. For the most part the judge rejected the applicants’ submissions…
NEW RULES COMING INTO FORCE ON THE 12TH SEPTEMBER 2025 AND THE 1ST OCTOBER 2025 (1): COSTS
Here we look at the latest statutory instrument which makes changes to the rules. We are starting by looking at the changes in relation to the rules relating to costs. These provisions come into force on the 1st October 2025….
PROFESSIONAL NEGLIGENCE NEWS 4: WHO SHOULD PAY THE COSTS WHEN THE CLAIMANT INITIALLY SUED THE WRONG DEFENDANT BUT THE ACTION WAS NOT STRUCK OUT?
Litigators and litigants are always particularly interested in knowing what the costs consequences of a hearing was. We get an opportunity to consider this here, looking at the costs order of a judgment we have already considered. What should the…
COST BITES 259: COSTS FOLLOWING AN APPEAL : SHOULD COSTS BE ON THE INDEMNITY BASIS? WAS THIS A “HEAVY” CASE? SUMMARY ASSESSMENT IN ACTION
It is always interesting to look at the awards that are actually made following an assessment of costs. Whilst each case is fact specific it is possible for litigators to pick up important points. Here we have a consideration of…
COST BITES 260: THE “CLIENT” WAS NOT LIABLE TO PAY THE SOLICITORS BILLS : EACH ENTITY PUT IN ITS TIME AND EFFORT AT ITS OWN RISK
Today we are looking at a highly unusual solicitor and own client costs assessment. After hearing evidence over five days the judge decided that there was no retainer between the “client”and the solicitor. The client was not liable to pay…
COST BITES 258: APPLICANT’S FAILURE TO ACCEPT SUGGESTION IN A LETTER LEADS TO INDEMNITY COSTS BEING MADE AGAINST IT
We are looking at a case where the judge found that an applicant should have accepted a suggestion that their application be withdrawn. Because they did not take up that application the applicant was ordered to pay costs on the…
MEMBER NEWS: THE BACK CATALOGUE 3: THE COST BITES SERIES – 258 POSTS SO FAR AND NO SIGN OF STOPPING…
We can wager a bet (for charity of course) that 99.9% of litigators and 100% of litigants who read a judgment think – who paid the costs? The aim of this series, started in July 2022, was to enable practitioners…
USING THE CONTENTS OF A WITNESS STATEMENT FOR A COLLATERAL PURPOSE: CONTEMPT OF COURT AND COSTS: A HEADY MIXTURE HERE.
We are revisiting a case we looked at previously in relation to costs orders being made against a Litigant in Person. One specific aspect of that judgment considered the costs of an application for contempt of court that the claimant…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION 2025: WEBINAR 4th AUGUST 2025
One of the most aggravating things to read about in the legal press are those cases where people get into serious disciplinary trouble after having made a procedural or other mistake. It is not the mistake that has caused their…
COST BITES 258: DOES THE FACT THAT ONE OF THE UNSUCCESSFUL DEFENDANTS IS A LITIGANT IN PERSON MEAN THAT THEY SHOULD PAY LESS COSTS? AN ISSUE CONSIDERED IN THE HIGH COURT
If there are two unsuccessful defendants to an action and one of them is a litigant in person – should this have any impact on the costs order that costs order the court makes? This was an issue considered by…
WHEN ARE THERE GOOD REASONS NOT TO ORDER A PAYMENT ON ACCOUNT OF COSTS? WHAT IS A “REASONABLE FIGURE” FOR SUCH PAYMENT? THE ISSUES CONSIDERED IN THE HIGH COURT
When a party loses an application or a case and costs are not assessed immediately then the general principle is that the paying party will be ordered to pay “a reasonable sum on account of costs”. Here the court considered…
I’VE DISCONTINUED AGAINST A DEFENDANT BUT I DON’T WANT TO PAY THEIR COSTS: HOW DO WE THINK THIS GOES?
There have been a number of cases recently where discontinuing parties have sought to escape the costs consequences that normally apply. We have such a case here. The judge considers the relevant rules and case law in detail. It is…
THE RULES AND GUIDANCE RELATING TO NON-PARTY DISCLOSURE CONSIDERED AND APPLIED: “THE EXCEPTION RATHER THAN THE RULE”
We are returning to the issue of non-party disclosure, indeed to the same case as the previous post. That post highlighted the Master’s concerns about the way in which claimant’s application had been conducted. The same judgment also contains a…
INTRODUCING THE NEW CIVIL LITIGATION BRIEF “TOOLBOX” SERIES : WHERE’S THE BEST PLACE TO FIND WHAT YOU WANT
One of the purposes of this site is as a working “toolbox” for practitioners. To provide a useful and readily accessible source of information when particular issues arise. For that reason something new is starting on this site in the…
AN INTRODUCTION TO LAW AND PRACTICE IN THE CORONER’S COURT: WEBINAR 17th JULY 2025
Representing people at a Coroner’s hearing gives rise to major challenges and responsibilities. Ensuring that the concerns of the participants are fully considered whilst recognising the limited role that the coroner has. This webinar is an introduction to the role…
EXPERT’S REPORT DID NOT COMPLY WITH THE RULES: ALL PARTIES AGREED IT WAS “FUNDAMENTALLY FLAWED” AND COULD NOT BE RELIED UPON: JUDGE STATES THAT EXPERT SHOULD CONSIDER REPAYING THE FEE
Here we are looking a judgment given last week where all the parties involved in a case agreed that an expert’s report was “fundamentally flawed”. Part of the report was based on a rejection of findings of fact that had…
COST BITES 257: SOLICITOR AND OWN CLIENT ASSESSMENTS AND “UNUSUAL COSTS”: WHY THE ATTENDANCE NOTE IS OFTEN THE SOLICITOR’S BEST FRIEND
A solicitor is under a specific duty to warn the client when “unusual costs “are being incurred, particularly those costs that may be irrecoverable on an inter party basis. Here we have an example of a (former) client asserting that…
COST BITES 256: SHOULD THE COURT MAKE A “SANDERSON” ORDER WHEN A CLAIMANT HAS SUCCEEDED AGAINST ONE DEFENDANT BUT FAILED AGAINST ANOTHER? THE PRINCIPLES CONSIDERED AND APPLIED
Those who take examinations in civil procedure have to studiously consider the difference between a “Bullock” order and a “Sanderson” order. Both relate to the liability of one defendant to pay the costs of another. The principles are considered in…
MEMBER NEWS:YOU CAN CHANGE THE FREQUENCY OF WHEN YOU RECEIVE EMAILS FROM THE SITE: LOOKING AT THE “BACK CATALOGUE” 1: THE “BACK TO BASICS” SERIES
There has been an increase in the frequency of posts since this site became a membership site. Obviously this increases the number of emails members receive. It is possible to change your subscription so that you receive the updates daily…
COST BITES 255: SOME IMPORTANT LESSONS HERE: LEGAL OMBUDSMAN HOLDS THAT A FIRM ACTING ON A DBA CANNOT BE PAID TWICE FOR THE SAME WORK: FULL REFUND ORDERED (WITH INTEREST)
The courts have, on occasion, indicated that the legal ombudsman may be a more cost effective way of resolving solicitor and own client costs disputes than expensive litigation. We are looking at such a case here, an ombudsman decision in…
COST BITES 254: DOES YOUR CLIENT HAVE CAPACITY? AN IMPORTANT POINT WHEN CONSIDERING THE VALIDITY OF THE RETAINER: AN ISSUE CONSIDERED IN THE SCCO TODAY
It is rare for issues of capacity to considered on an assessment of costs. However that is precisely the issue considered in this case. If the defendant established he did not have capacity when he entered into a retainer with…
COST BITES 253: COURT OF APPEAL ALLOW APPEAL IN HOLCROFT -V- THORNEYCROFT SOLICITORS – BY CONSENT: AN “AGREEMENT” AS TO THE DEDUCTION OF COSTS DOES NOT PREVENT A SOLICITORS ACT ASSESSMENT
The case of Holcroft -v- Thorneycroft has been discussed on this site in the past. The Court of Appeal has allowed an appeal, by consent, setting aside the original orders and directing that the defendants pay the costs of the …
SHOULD THE DEFENDANT PAY COSTS IMMEDIATELY AFTER A SPLIT TRIAL? THE “MEAN FIDDLER” CONSIDERED IN DETAIL
For the second time within a few weeks we are looking at a case where the judge had to consider whether to make a costs order following a claimant being successful after a split trial. Here the judge took a…
SOME IMPORTANT ISSUES IN RELATION TO THE FIXED COSTS REGIME: WHAT IS THE APPROPRIATE ORDER WHEN THERE ARE TWO DEFENDANTS? WHAT STAGE HAD THE CASE REACHED WHEN THE ACTION WAS STRUCK OUT? WHAT IS THE APPROPRIATE SUM TO BE PAID TO LITIGANTS IN PERSON?
Here we are dealing with a case that bristles with issues in relation to the fixed costs regime. We have already looked at the same case in relation to the striking out of numerous actions because of defective Particulars of…
PART 36, REFUSAL TO MEDIATE AND SHOULD A PARTY BE SUBJECT TO THE PART 36 PENALTIES WHEN AN OFFER WAS MADE TO THREE DEFENDANTS?
What should the court do in a case where a Part 36 offer is made in relation to a number of defendants but the claimant only succeeds against one of them? Can a failure to accept an offer of mediation…
CLAIMANT GRANTED RELIEF FROM SANCTIONS (ON APPEAL) FOLLOWING LATE SERVICE OF A COSTS BUDGET (TWO YEARS AND FIVE MONTHS LATE…): BUT AT A COST…
Cases relating to late service of the costs budget are still filtering through. Rarely, however, does the failure extend over 2 years and 4 months as it does here. Despite the delay the claimant’s successfully appealed against the initial refusal…
COST BITES 252: WHEN CAN A SOLICITOR PROPERLY TERMINATE A RETAINER? WAS THE CLIENT “THROWN TO THE LIONS”?
Here we are looking at a very small part of a judgment in relation to costs on a solicitor/own client assessment. On of the arguments put forward by the (former) client was that the retainer was wrongfully terminated shortly before…
COST BITES 251: POINTS OF DISPUTE MUST BE PROPERLY PARTICULARISED OR THEY WILL BE STRUCK OUT: HIGH COURT DECISION TODAY CONSIDERED
There have been a number of cases now where the courts have considered the obligations on a party filing Points of Dispute to a bill of costs. In particular the need to be particular. Those obligations are considered in detail…
WHEN HISTORY REPEATS ITSELF AS TRAGEDY & FARCE: GOVERNMENT ORGANISATIONS, MAKING WITNESS STATEMENTS AND THE SOURCE OF INFORMATION AND BELIEF
The post earlier today on the need for MI5 operatives to give the source of their information and belief has a ring of “intrigue” about it. James Bond, we now know, cannot simply declaim something to be true. However, as…
COST BITES 250: SHOULD THE CLAIMANT’S SOLICITOR BE ENTITLED TO RECOVER A FULL SUCCESS FEE AND THE ATE PREMIUM? A DECISION MADE ON APPEAL
We are looking at a decision made on appeal in relation to the very common issue of the percentage of a success fee and the taking out, and subsequent deduction from damages, of an After the Event Insurance policy. The…
YOU ARE NOT GOING TO GET PAID FOR RECTIFYING YOUR OWN DEFECTIVE WITNESS STATEMENTS: WHY NON-COMPLIANCE WITH PD57AC CAN BE EXPENSIVE
Here we have a case where a claimant was seeking to recover the costs of preparing defective witness statements. The court had ordered that compliant witness statements be filed. Should the claimant be entitled to recover the costs of preparing…
COST BITES 249 : SHOULD A COSTS ORDER BE STAYED? SHOULD THE DEFENDANT BE ORDERED TO PAY COSTS? LOOKING AT A SUMMARY ASSESSMENT IN ACTION: ARE THE COSTS DISPROPORTIONAL
Continuing with the aim of looking at what is going on “on the ground” in relation we look at a short but interesting judgment that encompasses many aspects of costs. Should the court order a stay pending a possible appeal?…
COST BITES 248: SEEING A SUMMARY ASSESSMENT IN ACTION: WHY ARE THERE TWO STATEMENTS OF COSTS? AND WHY DO THEY VARY SO MUCH?
Somewhat counterintuitively the move to a membership subscription model has led to new, and a wider range, of readers to this site. It is for their benefit I repeat a point made recently that the purpose of this series is…
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