INTERIM PAYMENTS, ACCOMMODATION AND THE “EELES” CRITERIA: HIGH COURT ORDERS AND INTERIM PAYMENT OF £500,000
In AL v Collingwood Insurance & Ors [2021] EWHC 1761 (QB) Mr Justice Robin Knowles allowed a claimant’s application for a further interim payment of £500,000 to secure accommodation for a brain injured child. The case contains an important discussion…
INTERIM PAYMENTS AND THE TWO STAGE TEST IN EELES: THE ISSUES CONSIDERED
In PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) Mrs Justice Yip considered an interim payment in the case of a seriously injured child and awarded a further interim payment of £2 million in order that suitable…
“THE DEVELOPING BODY OF LAW AS TO THE RELATIONSHIP BETWEEN COSTS MANAGEMENT AND DETAILED ASSESSMENT”: INTERIM ORDER FOR COSTS AFTER A TRIAL: 90% OF BUDGETED COSTS 70% OF INCURRED COSTS
The courts have been supportive of applications for interim costs for a successful party after a trial. The interim payment at this stage is not nominal and is normally firmly based on the budgeted costs. A working example can be…
INTERIM COSTS AWARD OF £8 MILLION: THE COURT IS WARY WHEN THE PAYING PARTY DOES NOT SHOW THEIR HAND…
Our final look at the judgment of Mr Justice Turner in Municipio De Mariana & Ors v BHP Group PLC & Anor [2021] EWHC 146 (TCC). The judge had to determine the appropriate award for interim costs. One interesting point…
WHAT HAPPENS IF YOU DON’T SETTLE AFTER A MEDIATION: NO ISSUE BASED ORDER, INDEMNITY COSTS AND £127,000 ON ACCOUNT OF COSTS
There is much for litigants and litigators to learn from the judgment on costs of James Mellor QC (sitting as a High Court judge) in Cranstoun & Anor v Notta [2021] EWHC 133 (Ch). The dangers of rejecting offers of…
AMENDING YOUR CASE AND PAYING THE COSTS: JUDGE ORDERS CLAIMANT TO PAY £100,000 ON ACCOUNT OF COSTS
The judgment of Mr Justice Pepperall in R.G. Carter Projects Ltd v CUA Property Ltd [2020] EWHC 3417 (TCC) is interesting for a number of reasons. Firstly it encapsulates the principle that a party amending their pleadings must normally pay…
COURT OF APPEAL CONSIDERS AWARD FOR AS TO COSTS ON ACCOUNT: WHAT IS A “REASONABLE SUM”? (£325,000 IN THIS CASE)
In Mousavi-Khalkali v Abrishamchi & Anor [2020] EWCA Civ 1493 we have a rare case of the Court of Appeal considering an appeal on an order that a party pay a sum on account of costs. THE CASE The Court…
COSTS ISSUES IN A CASE WHERE THE CLAIMANTS HAVE TO PAY £30 MILLION: WHY IT IS UNWISE TO BANK ON WINNING
A reminder of the sheer size, and major dangers, of group litigation can be seen in the judgment today in Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch). The judgment relates to the costs of the action…
INTERLOCUTORY APPLICATIONS TO THE COURT: EXTENSIONS OF TIME & INTERIM PAYMENTS: WEBINAR 4th JUNE 2020
At a time when most applications are going to be heard remotely, it is more important than ever that litigators know and comply with the rules governing making applications to court. I am giving a webinar on the 4th June…
LITIGATION, CASHFLOW AND COVID 2: INTERIM PAYMENTS ON ACCOUNT OF COSTS
It is often said that cashflow is the lifeblood of business and this is never more so than in the current situation. Here we are looking at orders for interim payments when a case, or an issue in a case,…
A CRI DE COEUR FOR MORE MONEY WON’T GET YOU AN INTERIM PAYMENT ON ACCOUNT OF COSTS: MASTER EMPHASISES THE NEED FOR HARD EVIDENCE
In RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB) Master Cook made some important observations about the quality of evidence needed to obtain an interim order for costs in an ongoing case. (The judgment in X -v-…
INTERIM PAYMENTS ON ACCOUNT OF COSTS: A RECENT EXAMPLE AND USEFUL LINKS
“Cashflow is the lifeblood of business”, is a common maxim. This applies in the legal profession as much as anywhere else. Interim payments on account of costs is an important issue for litigators and their clients. This was considered in…
INTERIM PAYMENT ON ACCOUNT OF COSTS: PERMISSION TO APPEAL REFUSED BY THE COURT OF APPEAL
I wrote on the judgment in I – interim payment of costs. in an earlier post. An article on the Switalskis website today states that the Court of Appeal refused the defendant’s application for permission to appeal.( I know that the…
COSTS & CASH FLOW: PAYMENT ON ACCOUNT PART WAY THROUGH AN ACTION: INTERIM PAYMENTS AND COST EFFECTIVE CONDUCT OF LITIGATION (ITS THE POST OFFICE CASE AGAIN)
The one certainty in litigation at the moment is that the Bates -v- Post Office case is going to keep providing plenty of material on evidence, procedure and costs. We see this in the judgment Bates & Ors v Post…
COURT HAS NO POWER TO MAKE AN ORDER FOR COSTS ON ACCOUNT AFTER ACCEPTANCE OF A PART 36 OFFER: HIGH COURT DECISION
NB THIS DECISION WAS NOT ACCEPTED AND EFFECTIVELY OVERRULED BY THE COURT OF APPEAL IN Global Assets Advisory Services Ltd & Anor v Grandlane Developments Ltd & Ors [2019] EWCA Civ 1764. It was held that the court does have a…
ORDER FOR PAYMENT ON ACCOUNT OF COSTS CAN BE MADE LATE
In Culliford & Anor v Thorpe [2018] EWHC 2532 (Ch) HH Paul Matthews (sitting as a High Court judge) held that it was possible for the court to make an order for an interim payment of costs after the date on…
THE CLEVELAND BRIDGE CASE: A SECOND CROSSING: PAYMENTS ON ACCOUNT OF COSTS
Judgments dealing with payments on account of costs are rare, but illuminating. Particularly when the costs budget is taken as the starting point. There is a detailed consideration of this issue in Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018]…
INTERIM PAYMENTS: CHANGE IN THE DISCOUNT RATE AND EELES: THE ISSUES ADDRESSED HEAD ON: INTERIM PAYMENT OF £2.4 MILLION GRANTED
The problems caused to personal injury claimants by the change in the discount rate were addressed directly by His Honour Judge Curran (sitting as a High Court Judge) in Porter v Barts Health NHS Trust [2017] EWHC 3205 (QB). The court…
ORDER FOR PAYMENT ON ACCOUNT DOES NOT NEED TO BE MADE AT THE HEARING ITSELF
The judgment of Master Matthews in Ashman v Thomas [2016] EWHC 1810 (Ch) has only recently arrived on BAILLI. It contains several important practice points in relation to payments on account of costs. THE CASE After the trial of a preliminary…
INTERIM PAYMENTS ON ACCOUNT OF COSTS: READ (AND CITE) THE CORRECT CHAPTER OF COOK ON COSTS
I am grateful to John McQuater for sending me a copy of an order from HH Judge Robinson, It relates to an application on account of costs. The appeal was (for obvious reasons) compromised. However the robust terms of the…