Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. Hardwicke, London
Browse: Home » Costs budgeting
PART 36: A SUCCESSFUL LITIGANT CAN BE BULLISH:  CLAIMANT BEATS ITS OWN PART 36 OFFER AND THERE WAS NOTHING UNJUST IN THE DEFENDANT PAYING THE PRICE

PART 36: A SUCCESSFUL LITIGANT CAN BE BULLISH: CLAIMANT BEATS ITS OWN PART 36 OFFER AND THERE WAS NOTHING UNJUST IN THE DEFENDANT PAYING THE PRICE

December 4, 2019 · by gexall · in Civil Procedure, Costs, Costs budgeting, Part 36

In Kivells Ltd v Torridge District Council [2019] EWHC 3210 (TCC) the claimant beat its own Part 36 offer (by a fair margin). HHJ Russen QC rejected the defendant’s argument that it would be unjust to apply the normal Part…

AN UNSUCCESSFUL APPEAL ON A COSTS BUDGETING DECISION: SHOULD A QC BE ALLOWED - OR IS THAT A LEADING QUESTION?

AN UNSUCCESSFUL APPEAL ON A COSTS BUDGETING DECISION: SHOULD A QC BE ALLOWED – OR IS THAT A LEADING QUESTION?

November 14, 2019 · by gexall · in Appeals, Costs, Costs budgeting

The case of  Easteye Ltd v Malhotra Property Investments Ltd & Ors [2019] EWHC 2820 (Ch) is unusual in that it is an appeal against a costs budgeting decision.  Nugee J refused the claimant’s appeal against the District Judge’s decision…

CLAIMANT BEATS ITS OWN PART 36 OFFER: DEFENDANT PAYS THE PRICE: OFFER BEATEN BY £4,800 LEADS TO DEFENDANT PAYING AN ADDITIONAL £65,000 - & INDEMNITY COSTS, & ADDITIONAL INTEREST...

CLAIMANT BEATS ITS OWN PART 36 OFFER: DEFENDANT PAYS THE PRICE: OFFER BEATEN BY £4,800 LEADS TO DEFENDANT PAYING AN ADDITIONAL £65,000 – & INDEMNITY COSTS, & ADDITIONAL INTEREST…

November 13, 2019 · by gexall · in Costs, Costs budgeting, Part 36

In  Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 3028 (TCC)  Mrs Justice O’Farrell considered the consequences of a claimant being its own Part 36 offer.  The claimant beat its own offer by a small amount but…

THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

October 17, 2019 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Costs, Costs budgeting, Experts, Limitation, QOCS, Relief from sanctions, Serving documents, Statements of Case, Statements of Truth, Witness statements

  The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements.  The titles are often prompted by elements…

QUICK REMINDER OF NEW COSTS BUDGETING RULES COMING INTO FORCE TODAY: INCURRED COSTS INCLUDE THE COSTS OF THE CCMC

QUICK REMINDER OF NEW COSTS BUDGETING RULES COMING INTO FORCE TODAY: INCURRED COSTS INCLUDE THE COSTS OF THE CCMC

October 1, 2019 · by gexall · in Case Management, Costs, Costs budgeting, Rule Changes

Part of the 109th update to the Civil Procedure Rules came into force today.  A quick reminder that, from today, there is a change in the way that the courts approach the costs of the CCMC itself.   INCURRED COSTS…

CIVIL PROCEDURE BACK TO BASICS 60: INTERIM ORDERS ON ACCOUNT OF COSTS: "CASH FLOW IS THE LIFEBLOOD OF BUSINESS"

CIVIL PROCEDURE BACK TO BASICS 60: INTERIM ORDERS ON ACCOUNT OF COSTS: “CASH FLOW IS THE LIFEBLOOD OF BUSINESS”

September 5, 2019 · by gexall · in Applications, Costs, Costs budgeting

Here we look at the rules relating to interim orders on account of costs, a subject of considerable importance in relation to practitioner’s cash flow and client’s pockets.  CPR 44.2(8) “(8) Where the court orders a party to pay costs…

APPEAL ON COSTS BUDGETING : CLAIMANT'S APPEAL UNSUCCESSFUL: AN OFFER AS TO COSTS DOES NOT BECOME THE BENCHMARK FIGURE

APPEAL ON COSTS BUDGETING : CLAIMANT’S APPEAL UNSUCCESSFUL: AN OFFER AS TO COSTS DOES NOT BECOME THE BENCHMARK FIGURE

July 15, 2019 · by gexall · in Appeals, Costs, Costs budgeting, Proportionality

In Gray v Commissioner of Police for the Metropolis [2019] EWHC 1780 (QB) Mr Justice Lambert dismissed the claimant’s appeal from cost budgeting decisions.    The judgment contains important observations about the nature of cost budgeting hearings and appeals on…

CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR

CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR

July 3, 2019 · by gexall · in Admissions, Applications, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Costs, Costs budgeting, Credibility of experts, Experts, Fatal Accidents, Risks of litigation, Statements of Case, Statements of Truth, Witness statements

The “back to basics” series has been going since April 2018.  It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”.   Some people have expressed surprise and how “basic” some points are…

RULE CHANGES (109): ELECTRONIC FILING, INCURRED COSTS AND THE CCMC, SMALL CLAIM HEARINGS IN PRIVATE

RULE CHANGES (109): ELECTRONIC FILING, INCURRED COSTS AND THE CCMC, SMALL CLAIM HEARINGS IN PRIVATE

July 3, 2019 · by gexall · in Amendment, Costs, Costs budgeting, Rule Changes

We are now on the 109th update to the Civil Procedure Rules.  The three points I want to look at in particular are: mandatory electronic filing in the QBD; the costs of the CCMC being clearly categorised as incurred costs;…

A CAVALCADE OF COSTS CASES:  HOLIDAY READING:  SOMETHING TO CHEER UP COST LAWYERS OVER THE BANK HOLIDAY WEEKEND...

A CAVALCADE OF COSTS CASES: HOLIDAY READING: SOMETHING TO CHEER UP COST LAWYERS OVER THE BANK HOLIDAY WEEKEND…

May 24, 2019 · by gexall · in Assessment of Costs, Conduct, Costs, Costs budgeting

A number of costs cases have arrived on BAILLI all are decisions of Master Rowley relating to costs. EXCLUDING INTEREST ON COSTS MEANS THAT THIS IS NOT A PART 36 OFFER Ngassa v The Home Office & Anor [2018] EWHC…

NEW PRECEDENT R: STARTED TODAY (CONTAIN YOUR EXCITEMENT): USEFUL LINKS AND GUIDANCE

NEW PRECEDENT R: STARTED TODAY (CONTAIN YOUR EXCITEMENT): USEFUL LINKS AND GUIDANCE

April 25, 2019 · by gexall · in Costs, Costs budgeting, Rule Changes

Credit to Costs Lawyer Jessica Swannell for reminding people on Linked In that the new Precedent R must be used from today.  It is a good time to provide a link to the new form and some useful posts and…

tWENTY YEARS OF THE CIVIL PROCEDURE RULES: ALL THAT TIME AND THEY HAVE MADE FEW FRIENDS

tWENTY YEARS OF THE CIVIL PROCEDURE RULES: ALL THAT TIME AND THEY HAVE MADE FEW FRIENDS

April 25, 2019 · by gexall · in Civil evidence, Civil Procedure, Costs budgeting, Uncategorized

I have already done a post on the 20th anniversary of the Civil Procedure Rules on the 26th April.  In an effort to find supporters I tried again.  The Civil Procedure Rules, it appears, has very few friends…    …

DEPARTING FROM THE BUDGET: IMPORTANT DECISION ON APPEAL: JUDGMENT NOW AVAILABLE

DEPARTING FROM THE BUDGET: IMPORTANT DECISION ON APPEAL: JUDGMENT NOW AVAILABLE

March 27, 2019 · by gexall · in Appeals, Clinical Negligence, Costs, Costs budgeting

Both Professor Dominic Regan and Acumension have kindly sent me copies of the decision in Barts Health NHS Trust -v-Salmon an appeal in relation to costs budgeting (HHJ Dight CBE, with Master Brown as an assessor, 17th January 2019).  A copy…

"THE CLAIMANTS MUST RUE THE DAY THEY REJECTED THE DEFENDANT'S OFFER": CLAIMANT TO PAY STANDARD COSTS AFTER REJECTING VERY EARLY PART 36 OFFER

“THE CLAIMANTS MUST RUE THE DAY THEY REJECTED THE DEFENDANT’S OFFER”: CLAIMANT TO PAY STANDARD COSTS AFTER REJECTING VERY EARLY PART 36 OFFER

March 13, 2019 · by gexall · in Applications, Conduct, Costs, Costs budgeting

The costs judgment in  Burgess & Anor v Lejonvarn [2019] EWHC 369 (TCC) is probably a judgment that should be shown to all litigants.  The claimant rejected an offer of £25,000 and failed to beat that offer at trial.   The defendant’s…

UNANTICIPATED SIZE OF DISCLOSURE WAS AN "UNANTICIPATED DEVELOPMENT": UPWARD REVISION OF COST BUDGET ALLOWED

UNANTICIPATED SIZE OF DISCLOSURE WAS AN “UNANTICIPATED DEVELOPMENT”: UPWARD REVISION OF COST BUDGET ALLOWED

December 18, 2018 · by gexall · in Case Management, Costs, Costs budgeting, Disclosure

In  Al-Najar & Ors v The Cumberland Hotel (London) Ltd [2018] EWHC 3532 (QB) Master Davison allowed an upward variation of the cost budget.  The scale of disclosure given by the defendant could not have been anticipated and it was reasonable…

BACK TO BASICS 19: COSTS BUDGETING WHEN CASE IS MORE THAN £25,000 BUT LESS THAN £50,000

BACK TO BASICS 19: COSTS BUDGETING WHEN CASE IS MORE THAN £25,000 BUT LESS THAN £50,000

December 14, 2018 · by gexall · in Avoiding negligence claims, Costs, Costs budgeting

There are special rules governing budgets in cases where the claimant claims more than £25,000 but less than £50,000.  Firstly the budget has to be filed much earlier. Secondly the budget “must” only be the first page of Precedent H….

"THIS IS AN ARCHETYPAL CASE WHERE IT WOULD NOT BE APPROPRIATE TO GRANT RELIEF FROM SANCTIONS": ANOTHER LATE COSTS BUDGET CASE

“THIS IS AN ARCHETYPAL CASE WHERE IT WOULD NOT BE APPROPRIATE TO GRANT RELIEF FROM SANCTIONS”: ANOTHER LATE COSTS BUDGET CASE

December 6, 2018 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting, Relief from sanctions

The judgment OF Mr Justice Bryan  in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor [2018] EWHC 3380 (Comm) provides, as the judge noted, an archetypal example of the way not to go about cost budgeting, coupled with…

BACK TO BASICS 17: WHEN SHOULD A COST BUDGET BE FILED: WHERE THINGS GO WRONG

BACK TO BASICS 17: WHEN SHOULD A COST BUDGET BE FILED: WHERE THINGS GO WRONG

December 3, 2018 · by gexall · in Avoiding negligence claims, Case Management, Costs, Costs budgeting

This may appear very basic. However I have seen both sides falling foul of this very recently. In particular the fact that the budget has to be filed with the directions questionnaire when the claim is limited to £50,000. THE…

COST BUDGETING: THE PARTIES MUST KNOW WHERE THEY STAND: LEAVING HOURLY RATES "OPEN" IS INAPPROPRIATE

COST BUDGETING: THE PARTIES MUST KNOW WHERE THEY STAND: LEAVING HOURLY RATES “OPEN” IS INAPPROPRIATE

November 26, 2018 · by gexall · in Appeals, Case Management, Costs, Costs budgeting

I am grateful  Sam Hayman from Bolt Burdon Kemp to for sending me a copy of the decision of Mr Justice Jacobs in Yirenki -v- Ministry of Defence [2018] EWHC 3102 (QB).  The judge allowed an appeal against a cost budgeting…

SENIOR COURTS COSTS OFFICE GUIDE 2018

SENIOR COURTS COSTS OFFICE GUIDE 2018

November 16, 2018 · by gexall · in Costs, Costs budgeting, Useful links

The new Senior Court Costs Office Guide has been published. This replaces the 2013 version with immediate effect. It is available on the link in the page here. The new guide Deals with all changes since 2013. Deals with the electronic…

1 2 … 10 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2019. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 18,051 other subscribers

Recent Posts

  • STAYING SANE AS A LITIGATOR 8: SURVIVING CHRISTMAS
  • APPEALING AWARDS FOR PAIN AND SUFFERING IN PERSONAL INJURY CASES: THE APPELLANT’S UPHILL STRUGGLE
  • CORRECT INTEREST RATE ON COSTS WHEN CLAIMANT BEATS THEIR OWN PART 36 OFFER: TRIAL JUDGE WAS ENTITLED TO AWARD 10% OVER BASE
  • RELIEF FROM SANCTIONS REFUSED WHEN DEFENDANT FILES AN INADEQUATE PLEADING
  • 2019 AND CIVIL PROCEDURE, THE YEAR IN REVIEW (6): WHY WE STILL FRET OVER EXPERTS …

Top Posts & Pages

  • STAYING SANE AS A LITIGATOR 8: SURVIVING CHRISTMAS
  • APPEALING AWARDS FOR PAIN AND SUFFERING IN PERSONAL INJURY CASES: THE APPELLANT'S UPHILL STRUGGLE
  • CORRECT INTEREST RATE ON COSTS WHEN CLAIMANT BEATS THEIR OWN PART 36 OFFER: TRIAL JUDGE WAS ENTITLED TO AWARD 10% OVER BASE
  • RELIEF FROM SANCTIONS REFUSED WHEN DEFENDANT FILES AN INADEQUATE PLEADING
  • THE LEGAL CHRISTMAS MUSIC CONTEST 2019: A RUNNING ACCOUNT OF THE CONTESTANTS

Blogroll

  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Hardwicke
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies.
To find out more, as well as how to remove or block these, see here: Our Cookie Policy

Copyright © 2019 Civil Litigation Brief

Powered by WordPress and Origin