INTERIM PAYMENTS: THE DIFFERENT SCENARIOS CONSIDERED BY THE COURTS
Later today I am presenting a webinar on interim payments. It is difficult, if not impossible, to discuss all possible permutations in relation to interim payments during a one hour slot and this post supplements the webinar. Here we look…
INTERIM PAYMENTS WHEN THERE ARE A NUMBER OF DEFENDANTS: THE PRINCIPLES CONSIDERED BY THE COURT OF APPEAL
I am grateful to barrister Michael Lemmy for sending me a copy of the Court of Appeal judgment today in Buttar Construction Ltd -v- Arshdeep [2021] EWCA Civ 1408. The Court considered arguments about whether an interim payment should have…
NEW RULES COMING INTO FORCE ON THE 1ST OCTOBER 1: VOLUNTARY INTERIM PAYMENTS TO CHILDREN AND PROTECTED PARTIES
There is a new batch of rules coming into force on the 1st October 2021, introduced by The Civil Procedure (Amendment No. 4) Rules 2021. Here we look at the rules relating to interim payments. WHAT THE CHANGES DO…
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]…